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David F Salvaggio
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David Salvaggio’s Answers

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  • Is my current's husband salary information required on the CIS from in NJ. would like to keep his salary confidential.

    reviewing child support and college contribution with a mediation group. He has an attorney and I do not. He has not seen his daughter for 4 years against the visitation agreement.

    David’s Answer

    Your current husband's income should be irrelevant to the amount of child support that he should be paying.

    Whether it may be relevant to the issue of college contribution depends on the terms of your Marital Settlement Agreement (which I assume that you have).

    You say that you are reviewing child support and college contribution with a "mediation group" and that your ex husband has an attorney and you do not.

    You should have an attorney, because the mediator cannot give you legal advice and you need that 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.

    The fact that your ex husband has not seen your daughter for 4 years should be relevant to the issue of child support.

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  • I am filling a motion to emancipate my children and terminate the child support payment and arrears.

    For the past two years i have been paying child support for two of my children that do not reside with my former spouse. my son join the army and my daughter is in college and she wants to be emancipated. My former spouse have not provided any typ...

    David’s Answer

    The Motion that you want to make is a somewhat complicated one, based on the facts that you have given.

    The Motion must be in the proper form, must be accompanied by the proper papers which make your argument as persuasively as possible, and must be properly filed and served.

    Therefore, the best advice I can give you is to meet as soon as possible with a very experienced Morris County lawyer who devotes his/her entire practice to 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 got divorced in Feb. 2012, my ex had to pay child support and alimony but now moved to a different state.

    The divorce happened in New Jersey in Feb 2012, my ex was ordered to medically support my children, pay alimony and child support. Now on June 18th, 2015 the ex decided to up and quit his job and then move to Florida from New Jersey. I have gone a...

    David’s Answer

    Yes there is.

    Child support is the "easiest" to enforce. The Uniform Interstate Family Support Act (“UIFSA”), which has been adopted both in New Jersey and Florida, provides that a New Jersey child support order can be enforced even if the payor now ilives out of State.

    First, however, you have to find him. Even better would be to find out where he works, because under UIFSA, you could send the child support Order to his employer, which must immediately begin income withholding and sending the child support to Probation (if it had previously been paid there) or to you.

    You can also collect the alimony, but in order to do so you first have to have the Order properly registered in Florida.

    As you can see, enforcement of interstate child support and alimony is not a simple process.

    I believe that you should speak 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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  • Can the courts make children go to extended stays if an order was never in effect?

    I have 2 children that are now 13 and 16. Their father has been gone for 12 years and now all of a sudden wants extended visits during holidays and the children dont want to go. Their has never been a court order for visitation from the time he le...

    David’s Answer

    Based on the facts that you have given, it appears that you would have a good argument against "extended" visits during holidays--at least at first--as long as your opposition is presented correctly.

    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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  • Married 18yrs, husband indicated he wants to separate. Anything legal I can already do now to protect my financial interests?

    Husband unemployed for last 18 months, my income was always higher and with better benefits. I do not know how this will end, but are there any legal financial actions that I can take now to ensure I keep the best interest of my 3 kids at mind and...

    David’s Answer

    Mr. Brown is 100% correct.

    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. In my opinion, it will be well worth the cost of the meeting.

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  • What date do you use for QDRO distribution, date of separation or date of filing for divorce?

    Which account balance statement date do you use. I thought it was date spouse moved out.

    David’s Answer

    Ms. Kleiner and Ms. Ross are both correct.

    You don't say in your question whether you have filed for divorce or whether you are represented by a lawyer.

    If you are not represented by a lawyer, you should be--because QDRO's are complicated and if you make a mistake, it can cost you a lot of money.

    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. In my opinion, it will be well worth the cost of the meeting.

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  • Where and how to check the level of experience when choosing a family lawyer in NJ like number of cases handled etc?

    I have used several lawyers in the past to deal with my case, but when we go to court it has been very clear that they have not dealt with family cases too often. Is there a way to know how many family law cases they have dealt with? it is very ha...

    David’s Answer

    Several lawyers have already answered your question and, as you can see, each of the answers is very different.

    The best advice is to MEET IN PERSON 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, listen carefully to what the lawyer says and see if you are comfortable with that lawyer.

    Don't be "penny wise and pound foolish" by insisting that the lawyer give you a "free Consultation." In my opinion, the expert guidance that you receive will be well worth the cost of the meeting.

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  • Will family court allow my son to be watched by a family member that is not allowed to work in the usa for a fee?

    the court issued a court order assigning a specific person as the babysitter on records. Also when my CS was calculated we included the weekly fee paid to the babycenter. Now, ex arbitrarily select a family member that came from Mexico on vacation...

    David’s Answer

    • Selected as best answer

    A Family Court Judge will do what he/she thinks is in the child's best interest.

    The first question that you need to ask yourself is: "Is it in the child's best interest to be watched by the day care center or your ex's sister?"

    If your answer is the day care center, the Motion should seek to enforce the court order and you will have to submit a Certification telling the court why.

    If your answer is the sister, then the next question you need to answer is: "Does the sister deserve to be paid as much money as was being paid to the day care center?" If the answer is no, then the Motion should seek to reduce the amount of child support. and you will have to submit a Certification telling the court why. If the answer is yes, the remaining question is whether you will lose some tax benefit because the sister is working "under the table."

    All that having been said, I believe that you should meet as soon as possible with a very experienced local attorney 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.

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  • I understand you cant answer for an judge but if a wife is not receiving any kind of financial spouse civil

    and there is proof that the wife has ptsd because of the husband and she goes to for help medicaid pays her bills her husband does alot of wants the wife has proof of disability denial . the husband doesnt want to give her a divorce or a civil ...

    David’s Answer

    Your question is: "what would probably be the out come in the non divorce Alimony case?"

    There is no such thing.

    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.

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  • I need an aggressive lawyer that will fight for my rights in a complex case. I am a man that will divorce his wife.

    A lot of stuff here, a restraining order, I feel that I have been the victim of years of subtle emotional abuse. I am miserable and want to get out fast and as clean as possible. The situation is further complicated by her pregnancy. She is 9 week...

    David’s Answer

    You say that you need an "aggressive lawyer that will fight for my rights in a complex case" and that you "want to get out fast and as clean as possible."

    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.

    See question