Archived
What is your experience with cases dealing with the reduction of alimony based on a ‘Change of Circumstance’?
Elena's answer
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Answered on February 27, 2018
You may have a good case for a reduction but a few more details would be needed as my colleagues point out, such as why your income was reduced and...
Archived
Can I file a reply to my wife's reply Certification in further support of order to show cause?
Elena's answer
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Answered on February 27, 2018
You can’t file another response, but you can make your opposing argument at your court date and bring any additional evidence you have.
Archived
Would i be entitled for alimony for a short term marriage ? We got married in August 2014 and divorcing in April 2018.
Elena's answer
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Answered on February 23, 2018
It’s possible you could get alimony for a short period of time, in no circumstances longer than the length of your marriage. The amount and length...
Archived
Can I only file a certification in opposition to a motion in family court? Or do I need to file a cross motion as well?
Elena's answer
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Answered on February 23, 2018
You can file an opposition only. You don’t have to file a cross-motion unless you want the court to order relief on your behalf.
Do I have to pay alimony and child support if my wife makes more than double my salary ?
Elena's answer
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Answered on February 23, 2018
If she makes more than you, you can possibly obtain alimony from her. The noncustodial parent will always pay child support, it just may be a small...
Archived
I have a court hearing on feb. 26, 2018. i am reviewing the papers ( final action of divorce, affiv. of non military service. ?
Elena's answer
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Answered on February 23, 2018
Cross it out, put the corrected date and all parties initial. Best of luck.
Archived
Can my child's mom who I share joint custody with move my daughter to Texas from NJ?
Elena's answer
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Answered on February 22, 2018
The mother either needs your permission or a court order to move. The fact that you are behind in child support won’t effect the court’s decision...
Do I have a equitable distribution right to 20 yrs of marital home equity gain, in NJ divorce, if husband had home B 4 marriage?
Elena's answer
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Answered on February 22, 2018
It’s possible you could be entitled to a portion of the increase in equity in the house during the marriage. I suggest you consult with an attorney...
Archived
What are the consequences or penalties my spouse can face for desertion in new Jersey ?
Elena's answer
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Answered on February 22, 2018
The law in NJ does not provide for any consequences or penalties for the circumstances you describe. Your options are to continue as you are now or...
Archived
I went to court to enforce agreement and the judge turn my case into a circus . My ex-husband will not give me the ok to move
Elena's answer
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Answered on February 21, 2018
There are certain legal criteria you have to prove to be able to move out of NJ and the court will most likely have a plenary hearing (a proceeding...
