Pieter M Droppert's Answers

Can I keep the ring?

At common law, an engagement ring is usually a gift in contemplation of marriage, on the condition subsequent that the marriage occurs. If the condition is not satisfied, than the man is entitled to his ring back. However many States apply a fault rule, the one who unjustifiably breaks the engagement loses the ring. New Jersey appears to apply the “no fault” rule, as described in the case of Aronow v. Silver, 223 N.J. Super. 334, 350 (Ch. Div. 1987). Although not binding precedent, Judge...

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How do i emancipate my child and stop child support?

The general answer to your question is that a motion for emancipation needs to be made in family court. If you go to the nearest county courthouse to where you live in New Jersey, the Family Division Manager's office can give you have a packet of papers that you can fill in to make a motion. Information is also available on-line on the New Jersey Judiciary web-site. You will need to pay a filing fee to the court and write in your motion papers why you think your child should be emancipated. A...

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Follow Up To Child Support Post Judgment Question

I don't think that you should assume the judge wlll automatically review all the prior documents that have been produced in the post-judgment litigation or your entire file. When you file a motion you should include all relevant prior information that the court needs to know. Don't assume that the court will understand all the nuances of your case in the same way you do. Preparing good paperwork is essential in post-judgement motion practice. Judges have to make findings of fact and...

Post Judgment Child Support Family Matter Question

In general it is unlikely a law clerk and judge will go to a file and read all the prior motions that have taken place. Courts have a high volume of motions to consider and don't have the time to read everything that has happened before. Only rarely will a judge or law clerk retrieve information from archived files. They will, however, review the information that is presented to them in the motion papers and accompanying exhibits. So in any new motion, the initial part of a certification...

Would I be responsible for her debts in a non-contested divorce?

It sounds like there may be a conflict between what she is saying to you verbally and what she is asking you to sign. If there are assets to divide or outstanding debts, then a written settlement agreement should be professionally prepared and agreed upon. This should state in writing who gets what belongings and who is responsible for the loans. I would recommend before you sign any papers that you consult with an attorney so that your interests are protected.

Child support for NJ 18 year not attending school

Your question raises a number of issues, all of which are extremely fact sensitive so it is only possible to make general comments. Firstly, decisions of a hearing officer have to be signed off by a Superior Court Judge so if the Judge signed off decision, then it is legal. As for the gap between finishing high school and starting college, New Jersey courts have held that a short gap does not lead to emancipation. If your Husband does not obtain proof that his son is attending college in...

New Jersey family law, child support for grandparents

As a supplement to my previous answer, if your daughter is not receiving any child support from the father then she should seek child support from him, even if they were not married. Child support is a right that belongs to the child in New Jersey and all parents have a duty to support their children. If your daughter is not able to afford an attorney, the local county courthouse will be able to guide her on the forms that she will need to fill in and process to claim child support from the father.

New Jersey family law, child support for grandparents

Generally speaking it is the person who has physical custody of the children who receives the child support payments. This is usually a parent, but could be a grandparent if they have custody of the children. So, if your daughter is the custodial parent, then the child support will be paid to her. However, if payment is being made by the father through Probation or the NJ Family Support Service Center then there are a number of payment options that could allow you to control the money if you...

Child custody and visitation laws in KY, supervised visits

I'm not a KY lawyer and can't advise on specific State law where you live but generally speaking the remedy if someone is not complying with a Judge's orders is to file a motion with the Court to force them to comply with the Order or hold them in contempt. However, if the rehab center owns the apartment and comes round every night it's not clear to me whether has she formally left the facility or whether this is part of her treatment and rehabilitation ? Also do you know for sure that her...

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