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Darren Charles O'Toole
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Darren O'Toole’s Answers

25 total

  • Divorced i after being home with kids for 15 years. I have outdated skills in a bad job market . Can i get alimony extended

    gave up perm alimony for unmodifiable, that got modified. I dont make enough to support myself , He has had me in court constantly and his salary has gone up

    Darren’s Answer

    Alimony terms can be extended in some circumstances. An experienced attorney can discuss with you what options you have. You will need to provide the attorney with all papers that wee filed with the court and court orders.

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  • Is there anything that can be drafted that is like a pre-nuptial for already married couples?

    We have been married 37 years and have experienced some problems and want to set up an agreement that would define the financial terms of a separation/divorce if that should ever occur. It would also include a trust facility for our daughter.

    Darren’s Answer

    Post marital agreements are often prepared in situations like yours. Consult with an attorney regarding the requirements and enforceability.

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  • How many day do I have to file a reconsideration after I received the Plenary Hearing Opinion? Write letter form or use packet!

    Plenary Hearing was conducted in 6-2014, 8-5-2014 and 1-2015 for change of circumstance to lower alimony. Court Opinion had been issued. Court didn't consider his TSP as saving ($182,000) and his Social Security money. The Court consider my $300...

    Darren’s Answer

    20 days - have to file a formal motion - not letter

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  • Why do I have to stay in the same residence with soon to be ex?

    I have filed for divorce from my husband. We have 2 children, and are living in an aparment. My lawyer has advised me to stay in the residence, even though I want to leave. I was wondering why she has advised me to do so, and how long will I be re...

    Darren’s Answer

    There are many reasons why people continue to reside together while their divorce is pending. Some people choose to live together for financial reasons. Others feel that they would be disadvantaged in negotiations should they not reside in the home. Custody issues can often impact where people live while their divorce is pending also. Ask your attorney the basis for their recommendation.

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  • What is the difference between a motion to reconsider and an appeal?

    I am unhappy with the amount of college tuition the judge ordered my ex husband to pay. I am wondering what the difference between a motion to reconsider or an appeal would be the appropriate route. Either way I will use a lawyer this time.

    Darren’s Answer

    You should consult with a local experienced matrimonial attorney who can advise you as to what path is best for you. Make sure that you bring in the previous pleadings in their entirety so a proper evaluation can be done.
    The motion for reconsideration must be done within 20 days of receipt of the order and the appeal must be done within 45 days of the Order. Do not let this wait as you also have to consider the time that will be necessary for the attorney to prepare the appropriate submission.

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  • Alimony

    In our marital agreement alimony was waived until he has substantial employment. Of course that is not happening. Can an inheritance be used to pay alimony? We were married for 16 years.

    Darren’s Answer

    Yes - an inheritance could potentially be used to pay a financial obligation such as alimony. Much depends on the specific circumstances of your case and the manner in which your Agreement was drafted.

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  • Appeal Restraining Order Domestic Violence

    I am in the middle of divorce my ex had filed a TRO and said I smacked her then we entered into Civil Restraints and the harassment charges were dismissed and a civil order was issued. We both violated the civil restraints in emails, texts and pho...

    Darren’s Answer

    What is your question? If the question is can
    You appeal and the answer is yes you can appeal the decision of the trial court to the Appellate Division. If your question is the timeframe for which to file the appeal the answer is 45 days. If your question is the likelihood of success on appeal it is impossible to answer that question based upon the manner in which your question was framed however I suggest you consult with an experienced attorney to further discuss the matter

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  • How difficult will it be to move out of state with my child if his father fights me on it?

    I am currently living with my son in NJ in my family's house. My son's father has not paid the child support that he has been ordered to. My family is purchasing a house and moving to Florida within the next year. I do not want to stay in a state ...

    Darren’s Answer

    There are many factors that the court considers when a parent applies for permission to move out-of-state with a child. However it sounds as if you have a strong good faith reason for the move. Generally a parent seeking removal will file a motion in the Superior Court if they cannot obtain the consent of the other parent. I strongly suggest that you consult with an experienced attorney who can advise you as to the relevant case law and applicable factors.

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  • Can i get advice on either reducing child support and/or emancipation after my income has changed from retirement?

    My current support order is just over a year old. I have recently retired and would like to modify the order. Facts to consider: My pension is half my previous income, I have 2 children, 21 and 19, oldest child is still in college but still wor...

    Darren’s Answer

    I would suggest that you gather all your paperwork and meet with a family law attorney. If you have suffered a substantial change in circumstances you can file a motion for modification. In addition, upon the emancipation of a child, child support for that child should cease and child support should be determined for the remaining un-emancipated child.

    Assuming you have a divorce Agreement, this document could be critical to the analysis of your questions. Any previous Court Orders and Case Information Statements should be provided to the attorney that you consult with as they will most likely be necessary exhibits to your application.

    When filing for modification of a Court Order there are specific procedural and substantive requirements that must be met so I strongly suggest that you consult with an attorney.

    Also by the nature of your question an issue that may arise is whether or not your change in circumstances is merely temporary or long term, voluntary or involuntary, etc.

    It sounds like you may be entitled to relief based upon the increase in income of you former spouse along with the emancipation of your child. Best of luck

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  • Wife had DWI 3 years ago, Rehab, etc. Before filing want to make sure will have little or no alimony to pay

    wife abandoned family 20 months ago, all 3 kids, 1 minor live with me. She was Arrested for DWI 3 years ago, Rehab, etc. and created much mental anguish and abuse. she is currently living with a man and woman in nearby Freehold, however I cannot ...

    Darren’s Answer

    There is a statute on alimony addressing all the relevant factors. I strongly suggest you consult with an experienced attorney in your area.

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