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Bari Zell Weinberger
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Bari Weinberger’s Answers

1,736 total


  • Why they don't care about my son anger program?

    I put a restraining order against to my son.the judge order him to pay 200 dollars and go to anger management program. He wasn't there that day but I gave address for sent the letters, the address in nyc and I live nj , now they sent letters to h...

    Bari’s Answer

    It is noit that they don't care. Many domestic violence units will follow up with an enforcement proceeding after some time has passed and the person has not done what the court ordered. You have not stated how much time has passed so it's difficult to tell at what stage you are at in your matter.

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  • How does the court calculate gross income as base for child support?

    I went to court on aug but my motion was filed on may. I brought my w-2 that has 21136 gross wages and I brought my paystub showing YTD numbers for period ending July 28 as follows: reg 13335, ot 73.44 holiday 384 sick 288 and retro 96..Total gro...

    Bari’s Answer

    I agree that you should consult with an attorney and provide all the facts that may have gone into the court's decision if you are unhappy with the results.

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  • After a child is emancipated can the custodial parent reapply for child support when the child returns to college FT?

    My son was emancipated by his father immediately upon graduating HS. He is now going to College Full time and resides at home. AM I eligible for child support once again? Also, is there something that I would need to do in order for his father ...

    Bari’s Answer

    I agree with what has been stated that you will have to file a motion. You do not state how much time has elapsed and what has happened in the interim so its difficult to provide any further information.

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  • How do I request help regarding unpaid child support if the divorce & child support/visitation was filed in FL not NJ?

    The divorce was filed in Dec. 2007. The court stated the child support is at a civil level. Should I submit a motion to collect unpaid child support in Florida and request for it to be collected by the state? Do I have to transfer the case to NJ f...

    Bari’s Answer

    I agree it depends on where the order is entered where you may begin the enforcement process. Although courts in other states may enforce another court's order, where you get the order is where it was entered in terms of enforcement.

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  • How long will it take to get my kids back from NJ DCP&P? I have shown proof that my daughter made false allegations of sex abuse

    My 15 year old daughter made false allegations of sex abuse against her step father , my husband, because I caught her with pornographic pictures of herself and other men on her phone, and also for the reason I made her breakup with her boyfriend ...

    Bari’s Answer

    It is not clear what stage of the proceeding s you are at and under what basis they removed the children. If it was an emergent removal and you have appeared and been given counsel, there should be a case management date before a fact finding to determine if you abused your children. If DCPP is continuing the investigation, it will be difficult to do anything before they conclude the investigation. If the investigation results in no finding against you your attorney should immediately take actions to have the children returned.

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  • N/a

    What happens when i feel that my spouse dont want to give me a divorce and there are domestic violence problems and i feel that. i understand i have a right to file to divorce but if i did win that money and i dont file it and i do what i'm saying...

    Bari’s Answer

    You question is not clear. You will have to provide clearer facts of your issue

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  • How do you remove a restraining order? Do I have to appear in court again like when I had to give a testimony to put it on?

    I put a restraining order on my daughters father per judges advice but i didnt really want it on. Now I want it removed so I can speak to him.

    Bari’s Answer

    You may go into court and request that the restraining order be dismissed.

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  • I have a 24 year old son that is living with me. He has a drug problem and i want to force him into rehab.

    I am paying for my son's health insurance and copays for any bills medical or dental, he refuses to put car insurance on his car, he doesnt go to week more than a couple days a week, he can be very nasty, his entire pay check is gone before he get...

    Bari’s Answer

    Unfortunately there is no legal process by which you can force your son into rehab. There are times when if there are sever mental issue you may attempt to have a person evaluated and through that process they may be able to help with the drug issue.

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  • Divorce process questions

    I am looking to get a divorce. All I require from the court is to terminate the legal binding. All family matters including money, child custody etc will be handled between me and my ex. How many court appearances? How long will it take start t...

    Bari’s Answer

    You should make sure you retain an attorney to draft the agreement between you and your spouse. If you truly agree on the issues the final judgment may be issued in as little as six months depending on the court's schedule with a single court appearance. You must receive the final judgment of divorce to legally terminate the marriage. Please do not take short cuts because you could find yourself embroiled in a court action down the road that will be much more expensive.

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  • What if the Police Fail/Refuse to Serve a Warrant?

    I'm the protected party of a restraining order involving my ex-wife. We live in different counties in NJ. She has violated the restraining order and I have ample evidence. I filed a report with my local police and after about a week, the prosec...

    Bari’s Answer

    You do not state why they have not served the warrant so it is difficult to provide a response. Nor do you state who you spoke to at the local police. It may be just getting to the right supervisor at the local level.

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