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David F Salvaggio
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David Salvaggio’s Answers

735 total


  • Can legal aid services refuse to represent me if my ex-husband went to see them for advice, but did not use them as his attorney

    My ex-husband went to legal aid services, spoke to them, but then opted to hire a private attorney. I was served with court papers that he is seeking full custody of our daughter. I went to legal aid services to request assistance and was told I...

    David’s Answer

    There is another alternative--and I believe that it is the best one for you. I am surprised that none of the other lawyers have not suggested it

    I believe that you should call a very experienced lawyer who devotes his/her entire practice to New Jersey Divorce and Family Law matters, explain your situation to that lawyer, and ask whether that lawyer would be willing to help you put together a Motion, asking the court to order that your ex-husband advance what it will cost you to retain a good private attorney.

    If, as you say, you qualify for legal aid but your ex has found the money for a private attorney, it is very possible that the court will order him to do that or at least assist you in finding a good attorney who can represent you without charge.

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  • Childcare calculated in c/s in NJ, but ex wife leaves kids home alone

    I pay for child care in my c/s calculations. The ex leaves the kids home alone a lot and doesn't always utilize a babysitter. She leaves 5 kids home alone. The oldest being 14 and youngest 5. Question is, one is it legal and 2 why do I pay f...

    David’s Answer

    Mr. Brunetti is correct.

    I believe that you should meet as soon as possible with a very experienced Morris lawyer who devotes his/her entire practice to New Jersey Divorce and Family Law matters.

    Go over your situation in detail with the attorney, get educated answers to your questions, and obtain expert guidance as to the best course of action.

    I do not believe that you should necessarily choose a lawyer, just because he or she offers a "free consultation" in his or her office. You want to go to the best lawyer that you can--hopefully one that will take the time to talk to you personally on the phone before coming into the office, so that you can be sure that you are completely comfortable with that lawyer before you meet in person.

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  • I've been divorced for 2 years from my ex husband and we have a young son. I have residential custody, ex sees him EOW Fri-Sun.

    Ex tends to oppose all small decisions I make, even minor (taking son to dr. if sick), I get lots of emails and calls to yell at me (and yes I give him notice). It's not excessive enough to do much legally, but hard to deal with. Ex is also suppos...

    David’s Answer

    I believe that you should meet as soon as possible with a very experienced Morris County lawyer who devotes his/her entire practice to New Jersey Divorce and Family Law matters.

    Go over your situation in detail with the attorney, get educated answers to your questions, and obtain expert guidance as to the best course of action.

    I do not believe that you should necessarily choose a lawyer, just because he or she offers a "free consultation" in his or her office. You want to go to the best lawyer that you can--hopefully one that will take the time to talk to you personally on the phone before coming into the office, so that you can be sure that you are completely comfortable with that lawyer before you meet in person.

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  • How does the court calculate gross income as base for child support?

    I went to court on aug but my motion was filed on may. I brought my w-2 that has 21136 gross wages and I brought my paystub showing YTD numbers for period ending July 28 as follows: reg 13335, ot 73.44 holiday 384 sick 288 and retro 96..Total gro...

    David’s Answer

    No good lawyer can or should answer your question without meeting with you, seeing the documents and getting more information.

    I believe that you should meet as soon as possible with a very experienced lawyer who devotes his/her entire practice to New Jersey Family Law matters.

    Go over your situation in detail with the attorney, get educated answers to your questions, and obtain expert guidance as to the best course of action.

    I do not believe that you should necessarily choose a lawyer, just because he or she offers a "free consultation" in his or her office. You want to go to the best lawyer that you can--hopefully one that will take the time to talk to you personally on the phone before coming into the office, so that you can be sure that you are completely comfortable with that lawyer before you meet in person.

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  • Do I need to pay an alimony if my wife is seeking divorce and not me?

    We have been married for 14 years and now she wants to separate from me. She had jobs off and on but primarily I had been the earning member. I did not want to separate since we have a young daughter and her future is at jeopardy. I understand the...

    David’s Answer

    Mr. Shaw has provided the most complete answer to your question.

    However, with a marriage of 14 years, you need to know that a court may award what is called "open durational" alimony, rather than what is called "limited duration" (or "term") alimony.

    Mr. Shaw is correct that, under the statute that was enacted in September 2014, the duration of your "open durational" alimony may not exceed 14 years (the length of the marriage), unless your wife can show "exceptional circumstances."

    I believe that you should meet as soon as possible with a very experienced Morris County lawyer who devotes his/her entire practice to New Jersey Divorce and Family Law matters.

    Go over your situation in detail with the attorney, get educated answers to your questions, and obtain expert guidance as to the best course of action.

    Litigation is one option, but depending on the facts it may not be the best one for you. I recommend that you choose a lawyer who is well versed in, supports and actively engages in alternative dispute resolution options, such as mediation and collaborative practice.

    I do not believe that you should necessarily choose a lawyer, just because he or she offers a "free consultation" in his or her office. You want to go to the best lawyer that you can--hopefully one that will take the time to talk to you personally on the phone before coming into the office, so that you can be sure that you are completely comfortable with that lawyer before you meet in person.

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  • Wife left marital home in 2001. Has not contributed financially to home or paid child support. Will I have to buy her out?

    She left voluntarily. I did not ask her to leave. I continued to live in the home with both kids. Finally divorcing after 14 year separation.

    David’s Answer

    I agree completely with Mr. Perry's Answer.

    I would add that there seems to be a lot at stake, and the law firm that you choose to represent you can make a big difference in the result.

    I believe that you should meet as soon as possible with a very experienced lawyer who devotes his/her entire practice to New Jersey Divorce and Family Law matters.

    Go over your situation in detail with the attorney, get educated answers to your questions, and obtain expert guidance as to the best course of action.

    I do not believe that you should necessarily choose a lawyer, just because he or she offers a "free consultation" in his or her office. You want to go to the best lawyer that you can--hopefully one that will take the time to talk to you personally on the phone before coming into the office, so that you can be sure that you are completely comfortable with that lawyer before you meet in person.

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  • Can my husband and I enter uncontested divorce with two children age 16 & 17 ?

    My husband saying we can't have uncontested divorce until children become over 18.

    David’s Answer

    It depends what you mean by "uncontested."

    Since the divorce itself can only be contested in very rare cases, this almost always means that the parties have agreed on all necessary issues.

    In your case, those issues probably include child custody, parenting time, child support, alimony, and division of marital assets and debts (equitable distribution).

    Although you may think that you have an agreement on all of those issues, there are a lot of things to consider before finalizing such an agreement, and most people do not know what they are all are.

    Entering into an agreement without good legal advice can "cost" you more in the future than the cost of good legal advice.

    I believe that you should meet as soon as possible with a very experienced lawyer who devotes his/her entire practice to New Jersey Divorce and Family Law matters.

    Go over your situation in detail with the attorney, get educated answers to your questions, and obtain expert guidance as to the best course of action.

    I do not believe that you should necessarily choose a lawyer, just because he or she offers a "free consultation" in his or her office. You want to go to the best lawyer that you can--hopefully one that will take the time to talk to you personally on the phone before coming into the office, so that you can be sure that you are completely comfortable with that lawyer before you meet in person.

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  • How do I get my 401k Valuation done to determine what is my ex-spouse entitled to?

    Date my 401k Began:- July 2011 Date of my marriage:- December 2012 Date of filing of divorce:- October 2014 Value at time of Marriage:- $20000 Value at time of Filing of Divorce:- $ 39000 Contributions during Marriage:- $ 9000 ...

    David’s Answer

    Take a look at the Comment of Ms. Ross to Mr. Levoy's Answer. You could simply have that company to do the calculation. Find out how much that will cost.

    Based on the figures you have given, the 401k increased in value by $19,000 during the 22 months of the marriage. Alternatively, your ex-spouse and you could agree that your ex-spouse gets assets worth $20,000 from your 401k, and save this fee.

    You say that the QDRO has already been prepared. I presume that you have prepared it yourself. Be careful. The Plan Administrator will need to approve the language of the QDRO before it can be effectuated. There are also some "mistakes" that are commonly made in the drafting of QDRO's, and those mistakes can be costly.

    I recommend that, whatever you decide, you have a very experienced matrimonial lawyer review the QDRO. I think that it will be well worth the cost. Based on where you live, I believe that either Ms. Ross or Ms. Kleiner (who also gave you an Answer) would be fine for that purpose.

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  • Is there somewhere to get a lawyer to represent me that is based on my income? I can not afford a lawyer. I'm in Bergen County

    My ex husband has apparently filed an order to show cause though I haven't been served. He wants to take the kids away but has given two different locations and one incomplete address. Our agreement requires itinerary. I cannot afford a lawyer....

    David’s Answer

    Of course.

    However, rather than contact Legal Services, I think that it would be better for you to first meet as soon as possible with a very experienced lawyer who devotes his/her entire practice to New Jersey Divorce and Family Law matters.

    Go over your situation in detail with the attorney, get educated answers to your questions, and obtain expert guidance as to the best course of action.

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  • I have been married for the past 20 year with 2 kids (Daughter 19yrs, Son 10yrs). I need divorce from my wife.

    I have been leading a mechanical life working to support my family. My wife who is not working, has been disrespectful and has no gratitude towards the hardship I undergo. Feeling of separation has bought suicidal thoughts in my wife. She now real...

    David’s Answer

    In my view, Catherine Ross has given the best Answer to the concerns that you have expressed. Let me take it one step further.

    Divorce does not simply involve legal issues; it also involves emotional and financial issues. (In your Question, you highlight the emotional issues, which appear quite serious).

    Lawyers are ideally equipped to deal with the legal issues. Although they have typically also tried to deal with the emotional and financial issues, they can't possibly do that as well as mental health professionals (counselors) can with respect to emotional issues, and financial professionals (financial planners and CPA's) can with respect to financial issues.

    That is why in many cases (and yours may very well be one of those cases), a better alternative is to use what is called the Collaborative (Cooperative) approach, which involves utilizing a team of Professionals (lawyer, counselor and financial professional) to address all issues.

    Many people's reaction to that suggestion is that it will cost a lot more money. That is not necessarily true, because in a traditional litigation, the lawyer (whose hourly billing rate is higher than the counselor and financial professional) attempts to handle everything. In my view, it is more "efficient" (not to mention better) to have the other professionals handle the aspect of the case which that professional is most well suited to handle).

    I believe that you should meet as soon as possible with a very experienced lawyer who devotes his/her entire practice to New Jersey Divorce and Family Law matters.

    Go over your situation in detail with the attorney, get educated answers to your questions, and obtain expert guidance as to the best course of action.

    I do not believe that you should necessarily choose a lawyer, just because he or she offers a "free consultation" in his or her office. You want to go to the best lawyer that you can--hopefully one that will take the time to talk to you personally on the phone before coming into the office, so that you can be sure that you are completely comfortable with that lawyer before you meet in person.

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