Marc J Poles’s Answers

Marc J Poles

Hackensack Divorce / Separation Lawyer.

Contributor Level 4
  1. What is the best way to handle a child support warrant in Hudson County NJ?

    Answered over 1 year ago.

    1. Marc J Poles
    2. Kenneth A White
    2 lawyer answers

    You should contact your Probation Division Case Manager. The expenses that you pay for your child when she is with you may be deemed voluntary contributions by a judge and you will still owe how ever much child support is currently due. You can request that Probation contact the Judge and suspend and/or vacate the warrant pending the application to modify support that you NEED TO FILE immediately. This way if you get picked up and brought before a judge, you can tell the enforcement judge...

    1 lawyer agreed with this answer

  2. My husband has a daughter from previous marriage, they divorce in nj. His daughter is 33 weeks pregnant, can he emancipate her.

    Answered over 1 year ago.

    1. David Perry Davis
    2. Marc J Poles
    3. Kenneth A White
    3 lawyer answers

    It depends if the daughter is "beyond the sphere of influence" from her parents. Although in many states, 18 is the majority age for emancipation, NJ does not have such a law. The fact that she is pregnant would not a determining factor unless she is support by a boyfriend, in fact married, or is well beyond the college age and has no intention of going to and/or finishing school. I agree with the attorneys above that a decrease in support may be warranted is she is receiving some government...

    1 lawyer agreed with this answer

  3. Is there a way for me to change my married name back to my maiden name without going to court?

    Answered over 1 year ago.

    1. Lawrence Charles Kroll
    2. Marc J Poles
    3. Calli Diane Baldwin
    3 lawyer answers

    You would need to do obtain a Court Order to legally have your married name changed back to your maiden name. You could have done this during your divorce, assuming that you were divorced. There is a time limit after a divorce to which the Family Part can still enter a name change Order. I believe it is about 6 months, but I do not recall. If you are out of time, you must file a name change in the Civil Law Division which is much more costly.

    1 lawyer agreed with this answer

  4. Do I need to file a rebuttal for a motion of reconsideration sent to the judge/courts by ex husband?

    Answered over 1 year ago.

    1. Kenneth A White
    2. Jordan A Stern
    3. Dean P Murray
    4. Marc J Poles
    4 lawyer answers

    You should absolutely respond to his motion for reconsideration. His motion for reconsideration must be based on an error committed by the Court or some new information or evidence that was unavailable at the time the original motion was filed. He is not allowed "a second bite at the apple" so to speak. However, if he did not respond to your original motion, then any information he brings in the motion for reconsideration would be considered new evidence. Nevertheless, you should file a...

    1 lawyer agreed with this answer

  5. I currently paying child support for my 19 year old going to be 20 soon just found she is pregnant due any day can I emicipate

    Answered over 1 year ago.

    1. Bari Zell Weinberger
    2. Ronald Glenn Lieberman
    3. John Thomas Doyle
    4. Marc J Poles
    4 lawyer answers

    You need to look at your property settlement agreement under the emancipation section. Usually if your daughter got married or is not continuing her education you could seek to emancipate her. New Jersey is in a minority of the states where a certain age does not automatically emancipate the child. However, if she is planning on taking any maternity leave from her schooling you may seek to emancipate her, but she may be unemancipated down the line if she goes back to school.

  6. We separated about 7 weeks ago. He has given me no child support. now he wants half of all stuff in the house. can he do that?

    Answered over 1 year ago.

    1. Regina Powers Hunter
    2. Stacey Leigh Miller
    3. Marc J Poles
    4. Jayson Lutzky
    4 lawyer answers

    Since you have legally separated you now have three options, you can initiate a divorce action or file a petition for support under the FD non dissolution docket, or you can make a deal between the two of you. I understand that he has been promising some amount for support, but has not come through on that promise. I would say your best bet is to file for divorce if that is what your final intention is or at least file for support under the non dissolution docket, which will in the interim...

  7. I live in Okinawa, am an American Citizen, I married a Japanese woman. Can I divorce her from the States without her being here

    Answered over 1 year ago.

    1. Ivan Raevski
    2. Yolanda Navarrete
    3. Marc J Poles
    3 lawyer answers

    There is no residency requirement in NJ if you are filing for divorce under the cause of action of "Adultery". If you do however, meet NJ's one year residency requirement for the other causes of action, yes you can divorce her from the states without her being there. You must serve her in Japan with an international process server and receive confirmation of same.

  8. How long does it take to modify child support payment . not working and last week of unemployment .

    Answered over 1 year ago.

    1. Joshua A Pops
    2. Marc J Poles
    2 lawyer answers

    You must file an application with the Court to modify child support. In New Jersey we have a 24 day motion calendar. I am sure that your state has some similar procedure. Once the application is filed, it will be scheduled with the Court and after the hearing the Judge will enter an Order. In NJ usually the date the application is filed is the date a Judge will make the relief sought in the application (if it is granted) retroactive to. You can call the Court and get the rules for your state.

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