Archived
When splitting additional child care cost based on income %, do I need to take into consideration tax credit?
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Answered on January 15, 2016
No, unless specifically stated in your Order/Agreement or if you deducting for alimony payments. As a general rule, when calculating support,...
Archived
If divorced parents have two kids...can the father claim one
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Answered on January 15, 2016
You should first consult your Final Judgment of Divorce/Property Settlement Agreement, as the language in these documents will control. If your...
Archived
Filling appeal
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Answered on January 11, 2016
You must discuss your matter with an experienced family law attorney right away, as you must file an appeal with the Appellate Division within 45...
Archived
Is a temporary custody hearing considered a full hearing? What is done at a temporary custody hearing?
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Answered on January 11, 2016
In making initial custody determinations, courts will consider the following factors:
The parents' ability to agree, communicate and cooperate...
Archived
What constitutes Parental Alienation in the state of New Jersey?
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Answered on January 07, 2016
From your post, it would be prudent for your husband to retain an experienced family law attorney as it seems unlikely that mediation will be...
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I want to file for visitation, but my ex wife has severely alienated my daughter from me. Can I get a "parenting coordinator"?
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Answered on January 06, 2016
To modify custody, you would have to file a motion with the Superior Court and show the Court that there has been a substantial change in...
Archived
Is there any ways to have an automatic divorce if Iam not seeing and communicating with my wife for 6 years now?
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Answered on January 06, 2016
You must be a resident of New Jersey for a period of one (1) year before you can file for divorce in New Jersey, and you may file in New Jersey if...
Archived
Can my ex cross motion for alimony when he signed a MSA agreeing to seek none over a year ago?
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Answered on January 06, 2016
Public policy favors upholding marital settlement agreements. The language of your MSA will guide you in this situation, and it would be necessary...
Archived
Am I at risk of my wife accusing me with "abandonment" even though she's asked me to move out? If so, how do I protect myself?
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Answered on January 06, 2016
No. Abandonment requires that a party refuse to support the other spouse and/or children, for a period of no less then twelve months, and without...
How can we prove cohabitation or extortion to terminate alimony by other than phone conversations or what the kids tell us?
Brad's answer
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Answered on January 06, 2016
Pursuant to the New Jersey Alimony Statute: cohabitation involves a mutually supportive, intimate personal relationship in which a couple has...
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