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Daniel A Levy

Daniel Levy’s Answers

322 total


  • Can my child sue me for college contribution?

    I pay child support for my son and have paid for books, a car, cell phone and other expenses as well. He is planning on continuing his education beyond the four years (not an advanced degree - just a change of major) so I fear he, or my ex-wife, w...

    Daniel’s Answer

    You are asking two separate questions in this post. Regarding your question about your son suing for college expenses, theoretically a child can sue a parent for college expenses. It is extremely rare and your post does not have nearly enough detail to determine whether such a suit would be successful. Regarding your ex-wife making an application for college expenses, this is not an uncommon situation. But the inquiry is very fact-sensitive. If she does make an application, you would be wise to retain counsel to assist you because those applications can be quite complicated.

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  • If PTI is completed then a few months later they are charged with NJSA 2C:36 how likely is it they face jail time?

    PTI was for 3rd degree aggravated assault

    Daniel’s Answer

    It's impossible to say without knowing more about the case. You should absolutely consult with an attorney because you are facing a felony charge. However, as my colleague mentioned, the aggravated assault charge would not factor into this case at all since you did PTI (that charge was therefore dismissed). Sentencing on this charge would be as a first offender. It it's a 3rd degree charge, there is a presumption of no prison time, but you could still go to jail for a period of custodial probation.

    Again, please retain an attorney to assist you in this matter.

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  • My question is about divorce and alimony

    I have been married 26 years I make three times the amount of money my wife makes we don't own a home have no children will I have to pay her alimony

    Daniel’s Answer

    In an alimony case, there are really 3 questions to ask: Is the spouse eligible? If so, what amount? And for how long will alimony continue? Whether someone is eligible for alimony is a fact-sensitive question and the judge has to go through a number of factors. But typically when one spouse makes a lot more than the other and the marriage is long term then the other spouse will likely be eligible. The amount is something that is very fact-sensitive and cannot be addressed in this forum. In terms of duration, recent statutory changes state that if the marriage is longer than 20 years then it is very likely that there will be open-duration alimony, which means that the duration is not set ahead of time and alimony would terminate or be reduced upon a later application (ex. remarriage, retirement, etc.).

    If you are getting divorced, you should absolutely consult with an attorney about this issue.

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  • What is the process for resolving jurisdiction between judges, esp if a NJ judge is unwilling to release a case to a VA judge?

    I am seeking a change of venue from New Jersey to a court in Virginia. All research I have done seems to indicate in favor of my position. Virginia has been the home state of my child and her mother since 1998. There were prior decisions, agree...

    Daniel’s Answer

    If neither parent resides in NJ and the child does not reside in NJ then there is no legal basis for NJ to have jurisdiction. I'm curious how a NJ judge could rationalize keeping the case. 100% of the time when I've had a client move out of the state and the other parent is also out of state the judge very willingly bounces the case. You should probably retain an attorney to help you with this.

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  • I ask for any attorney who knows the laws inside out to help me. Is there a way I can get this off my record ? Please help

    Was married at 18 years of age, had my son at 19 and daughter soon after. I knew my ex wife has immigration issues, early in our marriage I was told by her parents to sponsor her. It got denied, because I didn't make enough money at the time. I wa...

    Daniel’s Answer

    The only way to get the restraining order off of your record is to successfully have it vacated, which it looks like you tried to do. You may want to try again after another few years have passed. I would recommend that you retain an attorney to help you with that.

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  • How can i get my money?

    I have a lawyer I paid in full for a few things to get done. Only one of those things got done. I've been contacting him but he is always busy or not answering. I sent him a text, voicemail, and a email saying I wanted the remainder and got no res...

    Daniel’s Answer

    If you are planning on hiring a new lawyer to do the unfinished work, the new lawyer will likely be the best person to handle this issue with. The new lawyer probably will have an easier time getting the unused retainer from the old lawyer.

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  • I went to my local postal office to inquire of how much is the fee for a diligent searches. they informed they do not do that.

    does anyone know how much it is.

    Daniel’s Answer

    A diligent search for what? You need to be more specific and clear in your question if you want an answer.

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  • Court ordered my ex-wife not to harass or talk negatively about me to my children in 2008.. How is this enforceable?

    I filed this motion in 2008, which was granted. My ex-wife is again speaking negatively about me in response to my recent motion for emancipation of my adult children. They do not return my calls or texts and I am no longer allowed to meet them at...

    Daniel’s Answer

    The comments from my colleague are spot on. These interpersonal matters are very difficult for the courts to really be involved with. Obviously, they cannot send someone to follow your ex-wife around all day and document what she says and does. Unless there is evidence of egregious acts, the courts usually will do no more than a slap on the wrist. In some case, the courts would order counseling or mediation to help the parents work these things out.

    And that brings me to my next point. At the end of the day, what you are probably really looking for is a healthy and stable relationship with your children. There is just nothing that the courts can do to make that happen. Yes, it is difficult when an ex-spouse tries to poison that relationship, but it's still something that you need to work on yourself.

    Finally, if you have an order stating that you get visitation at a certain time and at a certain place, she needs to follow that order. You are definitely able to enforce your rights to visitation that was already ordered.

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  • How to deal racism assault ?

    On Oct 19, 2015, I was commuting via NJ Transit to West New York, NJ. I happen to sit next to a guy (white) who made racist comments "Go back to your country f****, you piece of ***' . I let it slide. When my stop came to get down it so happen...

    Daniel’s Answer

    It's not uncommon that police refuse to make an arrest for simple assault that is not domestic violence. You could either move on, or file a criminal complaint of your own at the local municipal court. You should understand, however, that whatever happens with the complain will not directly benefit you. If he is found guilty or pleads guilty to something, he will probably just pay a modest fine. You would need to appear in court if you want to see if through.

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  • What should I do?

    My boyfriend and I have been together for 7months ... I'm 18 and he is 17.. his parents do not like me ... one night he sneaked out his house and sneak into mine ... we both ended up having sex and we both fell asleep and we woke up at 5:47 and wh...

    Daniel’s Answer

    In order to receive a restraining order, the applicant must show that there is some kind of domestic relationship (like dating, family, child together, etc.), that the defendant committed one of the predicate criminal offenses in the statute, that the applicant is in reasonable fear of future domestic violence, and that the applicant requires the restraining order to prevent future domestic violence. The type of relationship that you described is considered a qualifying domestic relationship (i.e. dating). However, what you describe doesn't seem, to me, like an act of domestic violence. Yes, one person is 18 and the other is 17, but in NJ that type of sexual relationship is not a crime. Having said that, I am not your lawyer and this is not legal advice, but rather some general legal information. If a restraining order case or other type of case is opened against you, then you should absolutely hire a lawyer to help you. Also, you should note that just because something is not illegal, does not mean that it is necessarily a good idea.

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