Debra E Guston's Answers

Health Insurance Costs Post Divorce

NJ does allow parties who experience significant changes of circumstances to apply to the Court for modifications of your alimony agreement, as long as that agreement does not prohibit such modification actions. You really need an experienced matrimonial lawyer to review your agreement and discuss the facts with you. Call your local county bar association for some referrals if you don't know any lawyers right for the job.

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How do we put house in daughter's name

First, you need to make sure that the Will in which the mother stated that the house was left to the daughter is submitted to the Surrogate in the county where the mother died. This process is called probate. Once the Will is probated, then the daughter will receive Letter Testamentary evidencing her appointment as the Estate's representative. She can then, using a copy of the deed to the property, have a new deed drafted, signed by her and recorded with the county clerk. There is one more...

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Does a father's name need to be on the birth certificate for him to inherit? If over 18 does child need to petition court?

If a child is less than 120 days old in NJ, a putative father can apply to Vital Statistics in Trenton to have his name placed on a birth certificate. If he does and the birth mother objects, she can file a complaint with the Non-Dissolution Unit of the Family Court where she resides to compel a DNA test. If the child is over 120 days old, then a putative father must bring a paternity action in court. If the DNA test has proven a man is the father, the court should order the birth records be...

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Can I stop paying child support if my son has been adopted by his step parent

A parent's obligation to stop paying current child support stops when they are no longer the legal parent. However, any arrears (past due) child support is not waived with the termination of parental rights. It is usually the payor's obligation to ask the court to terminate a garnishment or child support collection account, so seek local counsel's advice on how to ask the court for an order terminating your obligation.

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Nude photos were taken of me without my knowledge

Absolutely, call the local police; the county prosecutor's office. ALso, you may want to consult a private attorney to consider civil suit against the person who took those photos. If you are as distressed as it seems you might be , make sure to take care of yourself and seek some counseling.

My 17yr old son is being charged with allegedly interfering with a police investigation in NJ but was not arrested or detained.

In NJ, juveniles (under 18) are not charged with crimes, but with juvenile delinquency (unless a court decides to charge them as adults). This will require an appearance before a Family Court judge. The prosecutor or a probation officer will discuss with you or your lawyer a plea offer. If you and your son accept, the judge will determine what kind of punishment will be ordered. There can be probation, programs designed to provide rehab and counseling and sometimes in very serious matters...

Omitting my son

New Jersey does not require you to leave anything to you children, unless you have a property settlement agreement or other enforceable contract to do so. Make sure you have a will drafted by an attorney and that you fully explain your wishes to the attorney.

Can dyfs legally do this? is this also biased intimidation?

This does not sound like a bias case, what it does sound like is a situation where you and your wife need to work quickly and cooperatively with DYFS to determine what they will require you to do to get your child back. Your aunt does not have legal custody of your daughter, DYFS does and that is the way it will remain until you and your wife have completed whatever remedial classes, counseling and other work DYFS may ask you to do. You should call your county bar association's referral...

Tax returns??

Generally, whether you have to share income information with an ex-spouse is governed by your divorce agreement. However, if child support has not been adjusted in a long time or there are changes of circumstances that may require a re-evaluation, then you may have to disclose your tax returns. The IRS is changing the way people can claim children as dependents. These changes will take place for 2009 and 2010 tax filings, so you MUST check with your accountant to make sure you can still claim...

What do i do about gaining custody of a child that was abandoned and shes only 2 by her mother that lives out of state

These types of custody matters should be dealt with the by the filing of a complaint seeking custody with the Family Part's Non-Dissolution Unit of the Superior Court of New Jersey in the county where the child is residing. You should go to that Court and speak to a counselor who may be able to assist you with the proper forms. There is no filing fee in that unit of the court.