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Marc J Poles
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Marc Poles’s Answers

8 total

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

    how long does it take to modify child support payment. i havent worked in year and a half and never modifyed my child support payment. now this is my last week of unemplyment. when i went to court for my other daughter. i was recommend to modif...

    Marc’s Answer

    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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  • 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

    Not going through probation, college student, she apply and is receiving government benefits for the baby, Somerset county family court. She is on process of get child support. For baby .

    Marc’s Answer

    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.

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  • What is the best way to handle a child support warrant in Hudson County NJ?

    I was under the impression that the situation was taken care through the court as I submitted documentation to the family division Manager of my inability to pay. I was not aware that I had to file an actual motion for modification and go in fron...

    Marc’s Answer

    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 that you filed an application to modify support and they most likely will not put you in jail and await the outcome of your motion.

    Should you need help filing the motion, please contact me. My contact information is on my profile.

    Lastly, the 4 to 15 days a month that your child is with you, are they overnight visits or just daytime visits because that is a big factor in the child support calculations.

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  • 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?

    my husband told me he will not give me any child support til we are legally divorced, after promising money for weeks. He said he'll buy what our son needs. He hasnt bought anything. I get a text last night that he wants to come to the house and...

    Marc’s Answer

    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 get you court ordered support, but you would not have initiated a divorce proceeding.

    As for the personal property in the former marital residence, the more you can agree on now and divide, the less complicated it will be later when tensions and emotions are flaring because of a divorce action. However, besides his clothes and personal items, he will not be allowed to take anything else if you file for divorce.

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

    I filed for divorce in Japan but their laws are to protect their citizens. We have two children which I agreed to pay 800/mo child support.

    Marc’s Answer

    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.

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

    She signed up for welfare benfits, such as WIC and medcaid.

    Marc’s Answer

    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 benefits, however, contacting probation is probably your best bet at this time.

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

    I changed my last name on my driver's license when I got married without going to court; just by showing my marriage license. I would like to change it back as it's too much of a hassle dealing with 2 different names. Can I do this also without go...

    Marc’s Answer

    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.

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

    I filed a motion through the courts and was granted everything in my favor. Now my ex-husband has filed a motion of reconsideration and I wanted to know if I had to file a rebuttal to the motion of reconsideration, since I don't agree.

    Marc’s Answer

    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 response to his motion for reconsideration even if you are merely relying on your original motion papers.

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