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Supti Bhattacharya

Supti Bhattacharya’s Answers

7 total

  • Indian National (U.S.Permanent Resident) seeking divorce in the US. Concerns about validity of US obtained divorce in India

    I am an Indian national who got married to another Indian national in India. We have a child who is 4years old from this marriage who is a US Citizen. First marriage for both of us and both of us are now permanent residents of the US. The marriage...

    Supti’s Answer

    Indian Courts may or may not recognize a divorce obtained in the United States, often depending on how the divorce is obtained and on what legal basis. You should consult an attorney with experience in this area. Feel free to contact my office for a free consultation. I handle many cases for clients who have this question.

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  • What happens if I suppressed about child birth in divorce petiiton and obtain divorce?

    we are not US citizens . A child was born in March 2008 due to marriage. I filed divorce petiiton in October 2008 in NJ court suppressing about child birth. my ex-wife was not in USA at that time. As she faield to pay court fee, her reply was ...

    Supti’s Answer

    There are many things that may happen as a result of your actions. You appear to have lied under oath, likely several times, and you have tried to evade your child support obligations by not informing the Court about the existence of a child. The Court may take affirmative action against you for your actions. However, it also is possible that if your wife comes to the U.S. and petitions for child support, the divorce judgment will need to be vacated and the process restarted from scratch so that your wife has the opportunity to litigate and protect her rights as well as those of your child who presumably is and has been in her sole custody. This is not a process that you should go through without counsel, as your actions to date have placed you in a very precarious position.

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  • How do I deal with an ex that doesn't follow our agreement in a variety of ways?

    I have had ongoing issues with my ex-wife in several areas. More specifically, for months she has not complied with sharing transportation during visitations (a point agreed in our joint custody arrangement), she has been speaking negatively abou...

    Supti’s Answer

    The Parent of Primary Residence is required to pay for all clothing, activities, and sports equipment for the children. When the children come to you, she is supposed to give you a bag of things that they will use. This is specifically outlined in the NJ Child Support Guidelines. Your problem is that you have created a problem by giving her the expectation of additional money when your ex is not entitled to it. You not continuing to pay her is the right thing to do. In order to fix the situation with your children, which your actions in part did create, you may consider paying for the activities directly to the provider so that your ex cannot control the situation and your children see that you and she are independent. Right now, it looks like she is the one who gives them everything they need, because the do not connect things to you separately.

    Having clothes for the children while they are with you is a good idea just because it is practical. However, as I said above, she is supposed to provide a bag for each child with everything they need. Her behavior is reprehensible because she is using the children to get back at you for not giving her more money, even though you have no obligation to give it to her. You could file a motion to enforce litigant's rights making the transportation the primary issue, and bring these other things up as well. If you file a motion, you might as well pursue everything.

    If you would like additional discussion, please feel free to contact me. Good luck to you

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  • What are your thoughts on my boyfrind sleeping over with my daughter in the house, she would have to sleep on the couch?

    My ex and I were separated 2 years when divorce finalized. We have been divorced now 3 months and I am dating. My kids and I have been together sitting around the house, parades, school events with my boyfriend and his son. His son slept over, ...

    Supti’s Answer

    While I do not think that having your daughter sleep on a couch rises to the level of child neglect, calling for DFYS to intervene, your ex can call DYFS and make your life difficult, so you should be aware of that. Ex-spouses often are not really upset about the impact of a new boyfriend or girlfriend on the children, but frame it that way because they cannot otherwise express their jealousy or irrational anger that you have moved on with your life.

    With that said, it is not a good idea to prioritize your personal life over your children, which is what you do when you remove your daughter from a bed and relegate her to a couch. While it may even be a very comfortable couch where someone very easily can get a good night's sleep, a Court would not look well on it, and it could create a history that your ex may use going forward to make trouble for you.

    Regarding your basic set-up, you should be aware that not having a bedroom for each child could impact child support, possibly lowering it if your ex makes it an issue.

    If you would like to discuss the matter further, please feel free to contact me. Good luck.

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  • I have a court order from 4 years ago stating my sons father is to pay 50percent of all medical costs. He never sent me a dime.

    My son is 20. He is diagnosed with a form of autism, seizures, and bipolar. I have put out over $3000 so far since the court order. What will the court d Be able to do for me. He has not worked in 2 years, his unemployment runs out next month. ...

    Supti’s Answer

    Your Court Order will have language that will help to determine whether you will have any problem getting contribution for the medical expenses. Have you ever asked for contribution and he has not responded or responded negatively? That might affect the situation as well.

    As to the continuation of child support, parents in New Jersey owe their children financial support until they are emancipated. If your son is fully disabled, he may in fact need support for the rest of his life. His father's unemployment, while possibly affecting the amount of support that he may owe, cannot reasonably terminate his child support obligation entirely. Something should and I dare say always can be worked out. Since all of this depends on your paperwork, I suggest that you speak to a lawyer to protect your son's interests.

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  • In NJ, how many years must a law firm wait before representing a new client in an action against a prior client?

    I engaged an NJ attorney to litigate a counterclaim that had been filed in opposition to a collection action by a bank. This attorney agreed to inform the court about the serious acts of litigation misconduct committed by the bank to avoid account...

    Supti’s Answer

    The question is not one of time, but of the attorney-client relationship. Generally speaking, once an attorney represents a client, the attorney cannot represent a new client in a case against the prior client, at any time in the future, unless the prior client consents. The consent should be in writing. Under certain circumstances, the attorney may be permitted to represent the new client against the prior client, but this is rare circumstances and typically requires a Court Order if the prior client has objected to the representation.

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  • Effective date of support modification

    Once one has filed a motion, the opposing party has replied and your reply is filed and perhaps even oral argument is heard, what would would be the effective date of a CS modification due to a child residing away/or going to college, the original...

    Supti’s Answer

    Based on the facts you have presented, the effective date can be the Motion filing date, or it may be the date that the Court hears the Motion. Retroactive modification of child support is statutorily prohibited in New Jersey, but there are equitable circumstances under which a date prior to the Motion filing date may be used by the Court as the effective date of the modification. These circumstances are rare, however. It is important to consult an attorney as soon as the issue comes to mind so that the application is filed in the most timely manner possible, which usually is within a few weeks before the child is set to begin college.

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