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Maggi Khalil Maksoud

Maggi Maksoud’s Answers

22 total

  • Do I need a proof of adultery committed by my spouse prior to filing for the divorce ?

    Does physical proof of adultery affects the monetary return to the unfaithful spouse after the divorce?

    Maggi’s Answer

    You are asking 2 separate questions. You don't need to collect proof of adultery prior to filing for divorce since there are several grounds available to file for divorce. You should try and obtain the address for spouse's paramour because he or she will have to be served. Typically, adultery does not affect equitable distribution. There are limited circumstances where it may. Speak with an attorney about your specific case for further assistance.

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  • Seperate property

    Married in 1998.moved in her seperate property.money from sale of my seprate property put into joint account. Money from that account used to pay off her mortgage in 2003. In 2003 took out heloc in both names.in 2009 she signed the house soley ove...

    Maggi’s Answer

    Generally speaking, the commingling that has occurred in your circumstances would render this property a joint marital asset. Your exact contributions are not as important as the fact that this is a long-term marriage with monetary contributions from both spouses towards that property. There's no question that this property is a marital asset subject to equitable distribution. The tougher question is how the equity is to be divided and based on the facts you provided, it is most likely going to be split equally. However, an attorney would need to interview you regarding the family's information, including but not limited to all assets, inheritances, bank accounts, debts, etc.

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  • Motion for Reconsideration for Child Support

    What does it mean when you file a motion for reconsideration and the judge orders you to pay legal fees for the opposing party? Motion was denied and I was ordered to pay some of my ex's legal fees (and my legal fees as well, of course....). Was...

    Maggi’s Answer

    Your question is unclear. However, generally speaking, when a Judge signs an Order, you have 20 days to file a motion to ask the Judge to reconsider all or part of that Judge's Order. These motions must be based on specific information. Consulting with an attorney before filing is advised in order to determine if you have a chance to be granted the relief you seek. Good luck, Maggi Khalil, Esq. 201-858-4555

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  • How does a 22yr old NJ resident become emancipated from her parents so that she can receive financial aid to finish college?

    My 22yr old daughter cannot finish her senior year of college because she does not qualify for financial aid. And it always comes back to her parents make too much money. But the truth is we do not make alot of money - our money is tied up in pro...

    Maggi’s Answer

    If both parents agree, you can file a motion to emancipate your child and submit a proposed consent order for the Judge's signature. Good luck. If you need further assistance, feel free to contact my office.

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  • If I am married but living in a separate home than my Spousec and he/ she inherits, am I entitled to anything?

    We are not getting along, probably going to divorce,but are not legally divorced or even legally listed at separate addresses

    Maggi’s Answer

    Inherited assets are exempt from equitable distribution. However, the Courts consider everyone's assets when deciding alimony and equitable distribution. While certain assets are exempt, courts try to make decisions that put both parties on equal footing after the divorce.

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  • Is it mandatory to purchase life insurance in a divorce case?

    We are in the middle of settling our divorce. My spouse is paying alimony and child support. Our child is 2 years old. We have shared physical custody. My questions are: 1. Is it mandatory for my spouse to purchase life insurance to protect al...

    Maggi’s Answer

    Yes, life insurance is mandatory to ensure a payor's alimony obligation.

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  • How do I know when I've done enough diligent searches for my husbands address to serve him the divorce papers?

    I will be filing a divorce (which will hopefully go into default) however I dont know the address of my husband. I understand I need to contact the post office and motor vehicle office. But once I do those 2 (I dont know of any other ways I can fi...

    Maggi’s Answer

    Your question requires a discussion regarding the history of your relationship in connection with his whereabouts. If you do not prove a diligent search for service, you risk your complaint being dismissesd. My office handles these matters and I am happy to assist you. Feel free to contact my office or another attorney in your area to schedule a consultation. Thank you.

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  • Need Clarification

    If in a court order a person was ordered to within 15 days to initiate starting a program (no notification of business days) and they have provided no indication as doing so but instead you received a motion to reconsider 17 days later are they in...

    Maggi’s Answer

    My understanding of your question is as follows: the other party in a matter was ordered to complete a program. The other party did not do so and instead filed a motion to reconsider. The other party is not in default since their is a new application pending before the Court. The other party has 20 days to file the motion to reconsider so filing in 17 days was appropriate. Whether the other party's motion gets denied requires a lengthy discussion and review of the entire file. You should seek a consultation with an attorney. I would be glad to assist you. Please feel free to contact my office at your convenience. Thank you.

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  • NJ Family Court Case Information Statement - Must I put on my current wife's financial information?

    My ex is threatening to take me back to court for an increase in child support as I have remarried. I know I will need to complete another Case Information Statement. My present wife feels that our current joint bank account information and any ...

    Maggi’s Answer

    A discussion is needed during an office consultation in order to answer your concern regarding a child support increase. For example, do you have any children with your present wife which would require an ODD credit for the guidelines? Has your income changed since the last time you were in Court? How about time spent with your children? There are many credits and deductions from which you can benefit when a correct child support guideline is calculated for you. You should seek a consultation to discuss this matter with an attorney who handles child support matters. Please note that attorneys purchase special and costly child support software in order to calculate the support obligation. We often run several guidelines to ascertain which one benefits you the most. I can assist you with your matter, however my office may be too far from your Hawthorne location. You should seek a consultation with an attorney and retain an attorney to represent your interests.

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  • My divorcing spouse has moved out, and has not contributed to household bills or paid the mortgage. i inadvertently paid

    my divorcing spouse has moved out, and has not contributed to household bills or paid the mortgage. i inadvertently paid a utility bill in his name, not realizing that i used his account number. we both bank at the same institution. i honestly did...

    Maggi’s Answer

    Along with your complaint for divorce, you should immediately file a pendente lite motion and request child and spousal support. If you need further assistance, free to contact my office to schedule a consultation. Thank you.
    Very truly yours,
    Maggi Khalil

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