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Tanya Namkin Helfand
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Tanya Helfand’s Answers

7 total

  • How long can you claim your child?

    if your child failed out of school can you still claim them as a dependant?Are they now an adult and no longer a child. Their age is 21 and working part time making under 10,000.00.

    Tanya’s Answer

    Please check with a CPA regarding claiming a dependent.

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  • Do not know husband's address how do I file for divorce

    He is living in Florida. All I have is a P.O. box

    Tanya’s Answer

    You can attempt an online search and postal search. Check the Rules of Court if service can be by mail, then usually certified and regular mail. PO Box is okay if indicated in the Rules or instructions from Court if you are filling out forms yourself. If retaining a lawyer, he/she will handle the problem per the Court Rules.

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  • Divorce - Trial Date

    When is a trial date assigned to a filed divorce? Is it assigned right after you file? When is discovery ordered? Is it assigned when that takes place?

    Tanya’s Answer

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    here.


    A trial date is not scheduled in New Jersey until the case has progressed
    for many months, sometimes over a year. The filing of pleadings, financial
    information and discovery must all be completed first. Of course custody
    issues are primary as well. Then the court schedules alternative dispute
    resolution dates, an Early Settlement Panel then mandatory mediation. Only
    if these resolution alternatives do not work, then the court will start to
    consider the matter for trial. Some cases take 18 months or in excess of 2
    years depending on the complexity. In Essex County all trials were stopped
    for a significant period of time because there were not enough Judges to
    hear trials. Discovery varies depending on the facts of the case. Some
    cases only require simple written answers to Interrogatories and Notice to
    Produce. Other cases require expert evaluations, depositions etc. which are
    more time consuming. Within a few months of a case beginning in Court the
    Judge discusses the complexity of the case with the attorneys and determines
    if the case is complex, standard or fast track. Obviously many factors
    impact the length of a case. If parties can cooperate with discovery
    quickly and use an alternative dispute resolution method on their own with
    or without counsel ie, mediation, collaborative law or arbitration the case
    will typically take much less time and be far less expensive and aggravating
    than going into court.

    Helfand & Associates

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    Whippany, New Jersey 07981

    (Phone) 973-428-0800; (Fax) 973-428-0830

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  • Ex-spouse moved and didn't provide his new address. Can I withhold visitation?

    Oh, here I go again ... another issue. I was advised by my 8 year old son that dad moved from Budd Lake to Linden, NJ. He brought my son to his new "studio apt." on one of his parenting time weekends. I have FRO against him, but have not receive...

    Tanya’s Answer

    Since you have an FRO and cannot speak to your ex. have your lawyer write to him or his lawyer to get the new address. If you get no results you can make a motion to the court to require that he notify you of his address. . If your court order requires transfer of the child at the police station, you could ask the police if they would make an inquiry on your behalf as to his address. If he refuses you can get a report indicating his refusal. You should not withold visitation without notice to him through his lawyer or, the police that you need his address to know the whereabouts of your child.

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  • Settlement Proposals

    If there is litigation after a trial has been completed and a decision has been released for that trial, can one mention what was proposed as settlement during the prior litigation?

    Tanya’s Answer

    Settlement proposals are not binding. Once a decision is reached after trial, apparently the earlier settlement proposal was rejected. Once you have a trial you have submitted the decision to a judge and waived the opportunity to negotiate a settlement.

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  • I will be getting half of my husband's pension, in new jersey is a QUDRO always necessary

    or is the decision up to the plan administrator of the pension program.

    Tanya’s Answer

    . The QDRO is a court order directing the entity how and when to distribute the pension. Withut the QDRO there would be no legal authority to make the distribution.

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  • What is my legal responsibility to a child that I was told was not mine?

    About 6 years ago I found out that my old highschool girlfriend had my baby after we broke up in 1998. I contacted her so I could take responsibility for this kid and even got them an apartment and moved back to her local town to be with them. She...

    Tanya’s Answer

    Without genetic testing proving that you are the father you would not have responsibility. The mother also has not held you out to be the father for twelve years so she simply cannot claim he is your son to get support.

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