Skip to main content
Paul H Townsend
Avvo
Pro

Paul Townsend’s Answers

30 total

  • What income/bills should be included in a motion to modify alimony?

    when i was divorced, i was working, making about $100k annually. i am now married. i was laid off in february and i need to file a motion to get alimony reduced greatly or removed. I still pay child support, and have been without fail. my question...

    Paul’s Answer

    There has to be an assessment by you of the percentage that your wife helps you financially or expends on behalf of the expenses. The best way is to try to do it without her expenses or financial assistance included. This is the rub... it is not always clear what percentage to assign to her....but try to be consistent in your position.

    See question 
  • How can i vacate the default judgment of divorce. It was entered in Jan 2011.

    My ex wife filed for divorce couple of times but kept pulling it out. So i actually didnt take it seriously this time also. I was present but was very depressed and kind of in not believing state of mind. Also i was not keeping up with very good h...

    Paul’s Answer

    The answers so far tell you what to do. But you must do something. The sooner the better. If you wait you will have a much more difficult time than if you do something now. I would suggest talking to an attorney.

    See question 
  • I own title on car husband has been driving during our separation. He will not return the car to me voluntarily. What can I do?

    Attempting to have an amicable separation, I let my husband use my car registered to me. His lack of attention to paying for his parking tickets at one point caused me to have my license suspended. I recently found out that he is having an affair ...

    Paul’s Answer

    You cant steal your own car if you report it to the police and they get it back for you. Also, if you want to avoid the police involvemet than you should file a complaint for divorce and file a motion to compel him to turn the car over to you. But, you can not have it all ways .... if he is not a nice guy you will not just get your car back. You have to do something.

    See question 
  • What, legally, do I need to disclose to my ex-husbands girlfriend about his life?

    My ex-husband is a sex addict. During our 13 years of marriage, he frequented sex clubs, massage parlors and hired prostitutes during countless business trips. I found out at the end of our marriage after contracting several infections. His new...

    Paul’s Answer

    You should ask your friend ( the attorney) just what laws are out there "pending" that would hold you to a level of culpability for not "disclosing" what you know. Odds are they dont exist. When a spouse infects the other the infected spouse may have a Tevis cause of action for damages against the spouse. And yes there is a particularly difficult burden of proof.

    See question 
  • Would I have to pay child support if my teenager wants to live with his father?

    I was divorced in 2001. My ex was unemployed at the time and I worked a part-time job. He pays child support directly to me monthly. We pay tuition on a pro-rata basis and he takes my share of the payments from the child support. I have been remar...

    Paul’s Answer

    You would have to pay child support even though you are unemployed. Your husband's income should not be included in your income. You will not be able to get an increase in past or back child support. That is simply not allowed.

    See question 
  • Can my childs mother move out of state? I am currently in jail but u have court ordered visitation

    No

    Paul’s Answer

    The general answer is no. Once a child has been in NJ for a period of six months the state of NJ has jurisdiction over your child and neither parent is allowed to remove the child. Of course, it is up to the remaining parent to bring the issue to court if she does move out of the state of NJ. If the remaining parent does not do anything the new state may then become the home state of the child.

    See question 
  • My brother in law needs a good divorce lawyer,because the tables are turned against him at this point.

    She hit him first, he told her to leave him alone,he was driving, so he backslapped her.She called cops,ambulance ......He got arrested,she put a restrainig against him, he put one on her,the judge dropped his,but not hers. He is now living at my ...

    Paul’s Answer

    I will state the obvious and say hitting is never the answer...the hole your brother in law has allowed himself to be placed in is very deep. He needs an experienced attorney to try to rehabilitate him in the eyes of the court. It can be done but he will need someone with the experience with the judge and the system. Please make sure that he asks those questions . Also, he must feel comfortable with the attorney but he must be able to follow the directions of the attorney as well.

    See question 
  • I had custody of my grandson for the first 19 months of his life. now he has been returned to his parents.

    My daughter and her now husband, did not "want to be parents' and asked us to adopt our grandson. they have since changed their mind and where granted custody of their son. I was promised I could still be in my grandsons life. now going on 3 mont...

    Paul’s Answer

    This is an issue that should be addressed now and not later. The issue becomes one of a time delay and you should not hestitate any more but either contact an attorney or file a motion on your own for grandparent parenting time. The package for the motion can be found on the state court website. However, this would be a motion best handled by an attorney.

    See question 
  • In a divorce action which is under appeal in the state of Florida, may a decision that was just received which determined that

    one of the praties is disabled under social security, be given to the court under rule 9.225 of the Florida rules of appellate procedure.

    Paul’s Answer

    You must contact a Florida attorney, that should be your first step. I am not a Florida attorney, however in NJ there is a procedure to supliment the record. There may be a similar process in FLORIDA.

    See question 
  • Hello, I am a female living in Fla getting a divorce, married a man from the Company we both worked at. He was a traveling

    sales man from The Ohio Office in Company and I was working in NJ Office..We met got married in 3 months I quit my job (was having martial problems from beginning) but then reconciled and decided to work things out for the better but the worse cam...

    Paul’s Answer

    You have to contact a Florida attorney, he or she will best be able to tell you your chances of returning to NJ. You must bring the issue up to your attorney it is important to get the issue on the table as soon as possible.

    See question