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Kenneth A White
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Kenneth White’s Answers

1,084 total


  • Need a Divorce or real-estate attorney

    Is it possible to get into a mutual legal binding agreement during our marrage that if divorce is to happen I can keep 100 of the house?

    Kenneth’s Answer

    If you and your spouse can come to a mutually acceptable agreement regarding such terms and conditions, the same can be placed into a "binding agreement."

    Whether such an Agreement will be enforceable in the future will depend on many additional facts and circumstances, i.e. was the agreement "fair and reasonable," etc...

    For a reliable opinion you should consult with an experienced family law attorney who can take the time to review with you "all" relevant facts and circumstances.

    Kenneth A. White, Esq.

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  • Can my ex husband force my daughter to quit her job?

    We have shared joint phys and legal of our daughter, she is 16. We alternate weeks. Recently my husband moved 3 counties away 65 miles with his new wife. My daughter has had a job for over a year now part-time, but with his move 65 miles away she ...

    Kenneth’s Answer

    You can take comfort knowing that no one is going to force your child into a car to visit with her father over her objection (in the short run). Accordingly, you have sufficient time to file the appropriate application with the court to modify your Parenting Time Plan.

    Kenneth A. White, Esq.

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  • Do private limo drivers who have to pay alimony..does it go by gross income or after taxes?

    My soon to be ex husband is a private limo driver..does it go by his gross income or after taxes to base my alimony?

    Kenneth’s Answer

    There are many factors that are taken into consideration when assessing what a persons alimony obligation may be, with specific regard to income, the court will start the analysis with gross income.

    For a reliable opinion regarding what your rights may be you should consult with an experienced family law attorney who can take the time to review with you ALL the relevant facts and circumstances.

    Kenneth A. White, Esq.

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  • I was arrested (criminally) for domestic violence against my husband.

    The neighbors called when they heard us fighting. He suffered scratches on his neck, chin, and arms. My husband does not want to file charges and we do wish to remain married. My case was automatically transferred to superior court. This is my ...

    Kenneth’s Answer

    You indicate that the matter is a Domestic Violence Matter. If you were served with a Temporary Restraining Order / Complaint alleging a violation of the Prevention of Domestic Violence Act, the matter would automatically be addressed in the Family Part of the Superior Court of New Jersey. Note "Family Part," not Criminal. In the Family Court your husband, if he truly wishes to dismiss the action, has all the right in the world to dismiss it. Generally, the court will accept an application to dismiss a Temporary Restraining Order by the alleged victim at any time during normal court hours. Otherwise, on the scheduled hearing date your husband can voluntarily dismiss the matter.

    It would only be if the matter was being addressed in the Criminal Court could the possibility of "jail" arise, but any attorney would need much more information before an opinion could be offered regarding "jail time" or otherwise comment regarding the seriousness of the matter.

    Kenneth A. White, Esq.

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  • My daughter left her husband in November. We have paid more than 16,000 to a lawyer we are NO WHERE!

    She makes less than 300 per month. We are paying for her housing. He has paid nothing to her in the way of support. They have 5 year old twins and are sharing custody (with NO court ordered plan). NOTHING has been accomplished to this point an...

    Kenneth’s Answer

    A client must have trust and confidence in the attorney he/she is working with. If there is no such bond, the relationship is doomed to fail. Therefore, if your daughter does not trust her attorney or otherwise is unhappy with that relationship she should move on. At a minimum she should consult with a few additional attorneys to get a sense whether she will feel more comfortable with an alternative.

    Kenneth A. White, Esq.

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  • What are my chances of getting tro lifted in consultin with 2 attorneys they felt charges were baseless and frivolous tro was gr

    tro was grasnted on so called harrassement and stalkink charges I am now home less living in my vehicle with no acces to any marital assets.there was never any physical threats and or stalkinking etc I also understand that judge was probally erri...

    Kenneth’s Answer

    A Temporary Restraining Order is just that TEMPORARY. Without an opportunity to review in detail all the relevant facts and circumstances there is no way for any attorney to offer you a reliable opinion regarding the "chances of getting TRO lifted." If you are not familiar with the process of defending against allegations of Domestic Violence / Trial work, you should likely retain an experienced family law attorney who can assist you. At a minimum you would want to consult with an experienced family law attorney to assure that you understand your rights and the potential pitfalls of going it alone. As you have already consulted with two attorneys, you should be in a position to know whether you wish to retain an attorney or not. Please understand that the consequences associated with having a Final Restraining Order entered against you are significant and long lasting (likely permanent). Therefore, you should take every action possible to assure that a Final Restraining Order is not entered against you, if such options exist.

    Kenneth A. White, Esq.

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  • I need a divorce asap, gave estrange husband $1,000 and he wants me to pay for divorce now I am unemployed. Can I sue him after

    my estranged husband asked me for a thousand dollars because he had no money to pay for his security at the apartment I gave it to him with no fight because he has my boys living with him for now until June now he wants me to file for divorce and ...

    Kenneth’s Answer

    As part of your divorce litigation you will address all relevant issues, including but not necessarily limited to custody, parenting time, spousal support, child support and equitable distribution. Under the heading of equitable distribution you can seek credits and off-sets for any and all sums you believe you may be due, whether for your share of a tax refund, a bank account, etc...

    If you have concluded that your marriage is over, you should consult with an experienced family law attorney who can take the time to meet with you and review all the relevant facts and circumstances, and provide you with specific advice you can rely upon.

    Kenneth A. White, Esq.

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  • If I inherit money from my father in Florida do I have to split it with my wife.

    might be getting a divorce soon concerned if I inherit money before divorce that I have to give her half of it money. It we'll be inherited from father in Florida.

    Kenneth’s Answer

    Assets received from an inheritance or gifts received from third parties are immune from equitable distribution, provided you do not commingle such assets. For example, if you receive $100,000 and keep that asset in a separate account from your spouse and you get divorced that $100,000 will remain 100% yours. However, if you take that $100,000 and put the same in a joint account and start satisfying joint expenses or take that money and purchase a new asset in joint names that money will be considered "commingled" and will be subject to equitable distribution.

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  • I got a Restraining order against my boyfriend. Before our first court date he breaks order and I have him arrested.

    He and his lawyer show up at court and Judge reschedules the date. Am I expected to come again with an attorney? If so, why?

    Kenneth’s Answer

    If no determination has been made regarding whether the Temporary Restraining Order will become a Final Restraining Order has been made you must return to court on the new date prepared to have a trial. You are not required to have an attorney, but if you have doubts about your ability to represent yourself before the court it is likely advisable for you to retain an attorney.

    At the very least you should take the time to consult with an experienced family law attorney to assure that you understand your rights and you can make an informed decision.

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  • After years working for same company with annual increase of 35k a year, now we are divorcing and he is claiming making 35% less

    I feel like my lawyer is working for the other side & not me. By dragging his feet he is allowing my husband not to conform month after month to a pendente lite order. This is a multiple lawyer firm & a big one. so if he was ill someone else shoul...

    Kenneth’s Answer

    Trust between a client and his or her attorney is one of the most important aspects of litigation. If you have doubts about the representation you are receiving seek another opinion. I am not suggesting that you should change attorneys, just that explore all option available to you.

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