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Bruce P. Matez

Bruce Matez’s Answers

10 total

  • How can I request that a motion for primary custody be denied?

    I have recently been granted primary residential custody of my child. The NCP was issued supervised visitation and ordered to complete a parental fitness evaluation before the judge would accept any further motions from them regarding our custody ...

    Bruce’s Answer

    You MUST file a written response to the motion within the time frame set by the Court Rules. Your response is generally required to be filed 15 days prior to the hearing date. You should present all facts and information to the court, including copies of prior orders and, if you have them, transcripts of prior hearings. Unfortunately, judges are reassigned quite often and move in and out of the family court and to other assignments. The family court in Camden County recently was almost completely reconstituted and the prior judge who handled your case was likely reassigned, or may have retired. I strongly urge you to consult with an experience family law attorney immediately. Do not miss that deadline.

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  • I work as server and i cant come up with a child custody plan since i work 5 nights, weekends and holidays

    I am working an uncontested divorce with my wife. We seek a mediation since there is not much to go for and we dont have the money to pay lawyers too much. We agree pretty much on everything except child custody where I would go for a Legal Joint...

    Bruce’s Answer

    I highly recommend that you and your wife mediate any issues that you have been unable to resolve regarding your children. You have a difficult situation with your job schedule and you may not get a workable resolution by litigating. Get yourselves a good mediator who is willing to think outside the box and suggest viable solutions. I also suggest that you and your wife need to be willing to try different parenting plans to see what works for you both and your daughter.

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  • Fd family case. Should I appeal, file a motion to reconsider, ask for a new judge or just stick my head under the ground and for

    I filed to reconsider primary custody and residence due to safety issues: mother transports son without a license and ins, unhealthy living arrangements, constant visit obstructions. evidence presented: police reports, e mails, own prior testimony...

    Bruce’s Answer

    If you believe strongly that you have not been provided the right to speak, state your position, and argue your case, and you believe that you are proceeding in the best interests of your son, you should file an appeal. However, before you do so, I strongly urge you to consult with an experienced family law attorney and have him/her review the motions, certifications and transcripts of the hearing. These are major life defining decisions and you should have a professional guiding and advising you who understands and has experience in the law in this area.

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  • Father had resident custody of 2 year old mother filed for sole custody father missed court due to no motif baby lived with fath

    Father and grandmom since birth jjudge revoked order and gave sole to mom came with Pd and took child yesterday mom left child and husband 10 mos ago child doesn't know mom only grandmom will not let grandmom see child this weekend family worried ...

    Bruce’s Answer

    I agree with the others that you should consult with an experienced family law attorney immediately. I also suggest you file a motion for reconsideration immediately.

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  • Personal Loans and Marital Assets Distribution in Divorce Cases

    Hello, I am about to file for a divorce in New Jersey. Due to dire financial circumstances, I am contemplating on taking a large from either a friend or a family member loan using my primary residence as a collateral. In a divorce proceedings...

    Bruce’s Answer

    The general answer to your question is that it all really depends on the circumstances. I suggest that if you take a loan, you keep very accurate records of the funds received and the use of those funds. There is not answer to the question of how it will be allocated ultimately, because it really does depend on the circumstances. Your wife will likely argue that you did this without her permission and that it should be ultimately be attributed solely to you. I urge you to have a comprehensive consultation with a local family law attorney before taking any action, and not to rely upon the brief and general answers that you are receiving through this website. These issues are ALWAYS very fact specific and the law does not usually provide a clear and concise answer to these questions. You are making significant financial decisions that could seriously impact your future and your family's future. You should have a consultation before making any such decisions.
    Bruce P. Matez, Esquire

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  • Can I get visitations with my granddaughters if I have been actively involved their entire lives?

    My son and his wife have been divorced since 2009. They have 2 children between them, my biological granddaughters, ages 7 & 4. I have been actively involved since they were both born. I have accompanied my son on vacations, I take them for the da...

    Bruce’s Answer

    I do not believe you have accurate information regarding grandparent visitation and rights in New Jersey and I suggest that you have a consultation with an experience family law attorney.

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  • I have been receiving a portion of my daughter's tuition payment from my x, how can I discontinue it?

    I have been receiving a portion of my daughter's college tuition payment from my x, how can I discontinue it since my daughter finishs her college in December 2011,

    Bruce’s Answer

    The answer really depends upon whether he is paying voluntarily or pursuant to a court order. If voluntary, he can simply stop paying based upon you advising him that she graduated and there is no more tuition due. If it was by court order, it would be appropriate and wise to enter into a consent order which emancipates your daughter and terminates any support or contributions to college expenses. This is relatively simple and should have a minimum cost to hire an attorney to accomplish for you.

    Bruce Matez

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  • Can I change my sons last name?

    I have a 2 year old son and he has my last name and his dads name is not on the birth certificate! He hasn't seen the baby into he was one. He come to see the baby only 3-4 times a month for only 30 mins. But does not give me a penny for my son. I...

    Bruce’s Answer

    Generally name changes in situations like this are handled by the family court if there is an existing case (docket number) for custody, parenting time and/or child support. You would need to file a motion with the court to change his name. The primary custodial parent generally has the right to choose the child's name. If you do not have an existing case in the family court, you will have to file a complaint seeking custody and asking for the name change.

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  • Retroactive Child Support Modification

    Can child support be modified (either increase or decrease) retroactively when a child is in college? If so, how far back in time is the modification? If a child has been away a school, what amount of time can the reduction be effective? If the...

    Bruce’s Answer

    Child support can be modified when a child attends college. Generally the court does not modify child support retroactively as there is a statute prohibiting it. The court will, however, modify the child support effective as of the date that the motion for modification is actually filed. The reduction in support would be until the child's status changes. If there is a change at a later date and the child resides at home and commutes to/from school on a full time basis, the child support may be modified again at that time . There is not a definitive time frame, but the application should be filed within a reasonable time after the child enters college.

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  • I HAVE JOINT CUSTODY. I HAVE TWO DAUGHTERS IN ANOTHER COUNTRY? I WANT THEM BACK IN USA!! BUT THE FATHER IS REFUSING IT

    MY TWO DAUGHTERS WENT TO SOUTH AMERICA ON MARCH 2010 WITH MY CONSENT BUT ME AND THEIR GRANDMA AGREED THAT I COULD BRING THEM BACK ANYTIME IF I MISS THEM. I HAD MANY PROBLEMS LAST YEAR AND NEVER GOT CHILD SUPPORT FROM FATHER (HE IS IN THE USA), NOW...

    Bruce’s Answer

    You would need to file an application with the court called a motion asking for an order requiring that the children be returned to the USA. Then you would probably have to take the order to South America to be enforced if the grandmother continues to refuse to return them. If South American country that they are in is a signatory to the Hague Convention, you may receive some assistance from the State Department to have them returned. You may also consider filing kidnapping charges or interference with custody charges against the grandmother, however, I am not a criminal attorney. You should consult with the local prosecutor's office regarding that issue. I suggest that you should consult with an attorney before taking any action.

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