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Carrie Susan Schultz
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Carrie Schultz’s Answers

22 total

  • Divorce regarding who has to pay the mortgage

    My wife wants me to move out and pay the whole mortgage and she plans on getting roommates and charge them rent. She tells me she is going to get a judge and court order for me to pay the mortgage . I told lets sell the house an...

    Carrie’s Answer

    Well, it is clear to me that you need to at least speak with an attorney knowledgeable in this field. There are so many moving parts to your question and a lot of additional issues that need to be discussed, it is impossible to answer it in this format. My colleagues are correct in this regard. Please speak with an attorney to know your rights and potential financial exposure (if any).

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  • Is the "natural" appreciation of separately owned real estate property subject to equitable distribution in new jersey?

    the real estate is owned by one party prior to the marriage.

    Carrie’s Answer

    I believe you are asking to understand the concept of active vs. passive assets. I agree with the prior answers that you need to sit with an experienced matrimonial law attorney such as myself who can gather more facts and then explain the concepts to you in light of your particular circumstances.

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  • Mediation turned to litigation. Now what do I do? Final visit with mediator cancelled and I get served papers a week later.

    We went this route mainly because it was simple agreement that a divorce was necessary, as it was disclosed she started a relationship with someone, and there really was not allot of assets to split, as well as saving the children from the crazine...

    Carrie’s Answer

    I agree with all of my colleagues responses. I can only urge you to consult with a knowledgeable attorney ASAP so that you can understand the process and all of your legal options and make sure that you do not miss any important Court deadlines.

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  • Is there a lawyer who would represent me on a ESP just for the day ?

    All documents have been written and submitted to the other party and to the courts , can pay for the day. Just need someone to speak on my behalf . I have been Pro- Se throughout the divorce . Now I was told i need a lawyer for this last process o...

    Carrie’s Answer

    I agree with my all of my colleagues answers. You are at the later stages of your divorce litigation before trial. Once an attorney attends the ESP, they may be "on the hook" so to speak to represent you at trial, if the case does not settle before hand.

    I would venture that any attorney who might consider becoming involved in your matter now would want a trial retainer just in case your matter does not settle or the Judge does not allow them out of the case before trial. Plus, you are asking an attorney to represent you based upon written submissions that you wrote. The attorney would have to review the case in its entirety to better grasp if your ESP submission is accurate and appropriate given the facts and circumstances of your matter.

    With this being said, all hope is not lost. The ESP provides you with a recommendation on how to settle your case. You can choose to accept the ESP panel's advice or not. If you do not, the Court will send you to economic mediation with a mediator both you and your spouse choose. The first couple of hours are free and then there is a charge which the court will split between you and your spouse. This is your one last chance to settle the case before the Court sets a trial date.

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  • How will the judge deal with a family business in a divorce

    My husband owns a restaurant with his father and brother. We are in divorce and my husband submit only part of the financial information of this restaurant and refused to submit the entire financials of the restaurant stating that his father and...

    Carrie’s Answer

    I agree with all the answers above. You are entitled to full disclosure and if your husband is playing games, you have recourse by asking the court to order him to turn over the information. I would suspect that even once you get this info, you will need a forensic accountant to discuss those documents and value the business and your husbands cash flow from those businesses. You need to consult with an experienced family law attorney that is well versed in complex divorce matters, such as myself.

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  • HOW DO I STOP MY CHILD SUPPORT. MY SON IS NOW 26 & MY DAUGHTER IS 21YEARS OLD. THEY BOTH WORK FULL TIME AND STOP SCHOOLING.

    MY SON LIVES WITH ME ALL THE TIME, AND MY DAUGHTER LIVES OUT OF STATE. I AM STILL PAYING SUPPORT ON BOTH.

    Carrie’s Answer

    I also agree with the responses above. You need to file an application to the court to get an order of emancipation of the children and, in turn, terminate your child support. You should consult with an attorney because the procedure of motion practice can be confusing and you need to know the law should your ex spouse object to your application.

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  • Is my husband entitled my assets/alimony even though he hasn't worked to help take care of our family?

    Married almost 15 years, husband has not worked in 7 years. We agreed to a divorce 2 years ago and I was hoping he would get on his feet before we divorce (that's why I waited to proceed with the divorce). I can't wait any longer for him to find a...

    Carrie’s Answer

    The simple answer is likely yes but there is much more to discuss such as your husbands earning potential, skill, ability, etc. Also, an analysis would have to be done on what assets or portion of those assets were accumulated before the marriage (if any) and the determination whether there was any commingling of per marital assets or income. You do need to speak with an experienced family law attorney, such as myself, to explain this in greater detail based upon the facts of your case.

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  • "Beyond the sphere of influence"

    What exactly does that phrase mean? If a kid stills lives at home, constantly seeks advise from their parent, can't support themselves, etc. Are they under the sphere of influence? Does the definition vary by judge?

    Carrie’s Answer

    This definition is very fact specific as the other two lawyers explained.

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  • Income at time of Divorce

    Is it important to mention annual income in a Settlement Agreement for divorce when alimony is awarded? Do you mention just one year of income or more? Why is annual income included in a settlement agreement? How important is it when one pays c...

    Carrie’s Answer

    Yes. Depending in the circumstances, you can mention one year of income, more than one, the average over several years, etc. Mentioning income is important to know how the parties arrived at the figure initially and if the agreement calls for potential modification in the future of alimony (and especially child support that is always modifiable based upon a sign change) those figures will become critical in that analysis.

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  • Can I relocate to Israel with my two young children due to financial hardship?

    I am a single mother to two young children (6& 9), and my ex husband owes us $6,808 and has a pattern of not fulfiling his financial obligations. In addition I lost my job. In Israel i have a supportive family , job connections and rights as retur...

    Carrie’s Answer

    You may ask the court to relocate but your likelihood of success depends on a lot of things that would have to be analyzed including but not limited to, the terms of your divorce agreement, current custody arrangement, reason for move, your future plan to allow the father parenting time, and then we would have to determine which standard of law applies according to the case law. Relocation/removal applications to the court can be complicated, not easy, and costly. The courts take a request like this very seriously and so you need to make sure you have a legal and legitimate grounds before you proceed.

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