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Amy B. Harris

Amy Harris’s Answers

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  • Ages 74 & 76 both retired have small IRAs with one annuity, own a co-op no mortgage. Value maybe $280,000. How do you handle it

    Amy’s Answer

    It is advisable that you each retain your own lawyer. If you are both amicable, a settlement agreement can be negotiated between counsel after there is an exchange of discovery (financial documentation) and then a complaint for divorce can be filed. It is most cost effective if you can put your differences aside and focus on a fair and equitable distribution of assets and liabilities (if any).

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  • What does motion to abate child support?

    Amy’s Answer

    Sending a letter is not going to result in anything. You need to file a formal motion seeking your specific relief. If you go to the New Jersey Court's website, you can find the forms to file the motion and file on your own. If you believe your child is emancipated, you will want to make that request and to terminate the child support. If you have support arrears, those will not go away. I strongly recommend that you retain counsel as the issue of emancipation can be complicated. Best of luck.

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  • NJ divorce settlement agreement: statute of limitation

    Amy’s Answer

    There is not a statute of limitations. Your agreement is binding and enforceable indefinitely unless/until it is modified. If you are not complying with an obligation or your ex spouse is not compliant with something in the marital settlement agreement, an enforcement application can be filed. Thank you for your question.

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  • Can my husband kick me out of our rented apartment? Also, if I do move am I obligated to help him pay for the current rent?

    Amy’s Answer

    You are entitled to stay in what we consider "the marital home" unless there is an act of domestic violence and a restraining order is served upon you which would require you to exit. If he is asking you to leave, it would seem to me that he is thinking about separation/divorce. I strongly recommend that you consult with a family law attorney.

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  • How do I deal with an ex wife who intentionally alienates the children from me and continuously ignores the MSA?

    Amy’s Answer

    Your attorney is actually providing you with good and practical advice. If your ex will not agree to the counseling, then a motion for just that should be considered. Things are not going to improve unless you try something different. Look to see if there are any co-parenting therapists in your area in your insurance. Your attorney is likely very familiar with those in the area and can be a good source. Best of luck.

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  • What am I entitled to if my husband initiates a separation process ?

    Amy’s Answer

    If you are comfortable speaking up and saying what you are and are not comfortable with respecting custody/parenting time and finances, then you can proceed with the mediation process, however, understand that if there is an agreement reached in mediation, then you should get your own lawyer to review the agreement. The mediator is neutral. Your attorney will be an advocate for you. You should understand the difference between separation and divorce and for that I strongly recommend that you retain your own attorney to assist you in making the right decision for you.

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  • Baby mom drinks a lot a home for days?

    Amy’s Answer

    If her drinking is causing the child to be abused or neglected, you should consider contacting DCP&P. If she has a drink or two and it is not impacting the child, then neither DCP&P nor the court will find it problematic. If you have a good co-parenting relationship with her, you can have a discussion directly with about your concerns. If she has a problem with alcohol, you can offer some treatment options, AA, offer to take the child while she goes to meetings/treatment etc. Best of luck.

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  • Do I have to let him know I’m moving if it’s still in state?

    Amy’s Answer

    You should send notice of the change in address. You can do so by sending him an email (if you have his address) or a letter - regular and certified to his last known address. Maintain a copy of whatever it is you send so that if he makes it an issue in the future, you can show your effort. Also, you mention child support. If he is supposed to pay through probation. then you should notify probation of your move as well. Best of luck.

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  • Visitation rights family court ?

    Amy’s Answer

    Unfortunately, you are very limited in terms of rights. What you can do is assist and support your brother in his fight and when he sees your niece, you can see her too. Wishing you all the best.

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  • NJ, understanding successor in interest fir home loan and divorce

    Amy’s Answer

    In order to give you advice, you need to be more specific as to your question.

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