My wife and child live in New Jersey and I don't. I hired a divorce lawyer in my state and the court gave him a hard time. He advised me to get a NJ lawyer. I did and he wasn't able to help me and told me I would never win against my wife's lawye...
Some firms will also take payment plans and work with you. It really depends on where you are procedurally in your case and what was done before. I hope it works out, and my colleagues gave some great suggestions. Good luck.See question
We haven't seen each other in two years but have had on going back and forth texts equally nasty from both directions.
Yes, you need to show up for the hearing. If you were served with the TRO, and you do not appear, she can testify and obtain a Final Restraining Order. A Final Restraining Order in New Jersey is permanent and forever. It carries serious consequences. I highly suggest you obtain counsel to assist you with this matter because you can present defenses and there are legal options.
Good luck.See question
I have primary residential custody of my 16 yr old twin sons & want to relocate from nj to wa for a great job opportunity. The kids arent close at all with their mother & only spend a few hrs 2x a week & never sleep over her house. I have a 6 figu...
N.J.S.A. 9:2-2 is that statute that governs your ability to move out of state. It provides:
“When the Superior Court has jurisdiction over the custody and maintenance of the minor children of parents divorced, separated, or living separate, and such children are natives of this State, or have resided 5 years within its limits, they shall not be removed out of its jurisdiction without their own consent, if of suitable age to signify the same, nor while under that age without the consent of both parents, unless the court, upon cause shown, shall otherwise order. The court, upon application of any person on behalf of such minors, may require such security and issue such writs and processes as shall be deemed proper to effect the purposes of this section.”
The seminal case dealing with removal is Baures v. Lewis, 167 N.J. 91 (2001). This case provides:
In a removal case, the burden is on the custodial parent, who seeks to relocate, to prove two things: a good faith motive and that the move will not be inimical to the interests of the child. Visitation is not an independent prong of the standard, but an important element of proof on the ultimate issue of whether the child’s best interests will suffer from the move.
If the parent who wants to relocate can prove this, then the burden of going forward is on the non-custodial parent, who must: “Produce evidence opposing the move as either not in good faith or inimical to the child’s interest.”
This can be accomplished by showing the custodial parent’s past actions to disrupt the child’s relationship with the non-custodial parent or that the opportunities available in the new location are inferior to those available in the child’s current location or that the move will take the child from a large extended family.
Note that a different analysis is presented when the parties have joint legal and shared custody. The removal analysis doesn’t apply, but rather a change of custody determination must be made, which will be governed by a best interest analysis. See also O’Connor v. O’Connor, 349 N.J. Super. 381 (App. Div. 2002) and Mamolen v. Mamolen, 346 N.J. Super. 493 (App. Div. 2002).
I would seek the services an attorney experienced with relocation cases and review your facts with that attorney.
As to the cost, you really need to consult with a specific attorney who can you review all of your evidence, facts and circumstances to determine a cost.
Good luck.See question
My spouses income is a lot more then my own and she normally was able to pay for things that I couldn't afford..My question is can I ask for alimony,and as my spouse was paying the insurance on our vehicles,and my medical insurance was threw her ...
It is really difficult to give a yes or no to this type of question because you have not provided enough information.
In New Jersey, there are four types of alimony. A court must look at thirteen factors and use them in determining the kind of alimony, the amount of alimony and duration of alimony. The factors are:
1.The actual need of one party and ability of the other party to pay.
2.The length of the marriage or civil union.
3.The ages of the parties and their emotional and physical health.
4.The parties’ standard of living established during the marriage or civil union and whether each party can maintain a reasonably comparable standard of living.
5.Each parties’ earning ability, educational levels, occupational skills and employability.
6.The length of absence from the job market of the party seeking maintenance.
7.A parties’ parental responsibilities.
8.The time and cost needed to acquire enough education or training to enable the party seeking support to find suitable employment, the availability of the training and employment, and the prospect for future attainment of capital assets and income.
9.The record of financial and non-financial contributions to the marriage by both parties including contributions to the care and education of the children and disruption of individual careers or educational opportunities.
10.The equitable distribution of marital property.
11.Any investment income available to either party from any assets held by them.
12.The tax treatment of alimony award.
13.Any other factor the Court finds relevant.
I would suggest your have a consultation with an experienced attorney to review your specific facts.
Good luck.See question
My father got divorce 3yrs ago from his non resident wife. They have a 6 yrs old child. My father only provides $ 400 monthly for the child's necessities I know its not enough!! The ex wife is demanding more money for the child because He is a...
I agree with the other answers that an attorney would have to meet with your father, review all the circumstances, including his budget, the Judgment of Divorce, her budget and why she all of a sudden has a need for spousal support. Without reading his Judgment of Divorce, it is not impossible, but very difficult, three years later to be able to obtain alimony.
She is asking the Court to modify a judgment, which usually has to be done within one year, New Jersey Court Rule, 4:50-1. There are exceptions to this rule, which is why your father should meet with an experienced attorney to review all circumstances before responding to his ex-wife.
Good luck.See question
We live in N.J. & have been separated since Feb, he is giving me next to nothing to pay the bills in our house yet he is making trips to see another woman 3000 miles away among other things. I work a seasonal job but have not worked consistently o...
You will need to file in court to protect marital assets and to obtain spousal support. You do not mention if you have children, but you might be entitled to child support if you have children. You cannot get retroactive support to when he should have been paying you, so you should obtain counsel immediately to protect your rights.
Good luck.See question
Child is 22 years old, graduating from college and has applied to grad school. Father pays support ( I think he is at 40% of the guideline) and pays 40% of the interest on child's student loans. Father has attempted to discourage child from atte...
You are correct, the new law does not go into effect until next year. While I know cost is always a concern, you should really try to get counsel to help you fight the application to emancipate your child. Additionally, you can request that the father continue to pay the child's student loans.
The law of emancipation in New Jersey is not clear cut. then in New Jersey, our Supreme Court in Newburgh v. Arrigo set down the general rule that ''financially capable parents should contribute to the higher education of children who are qualified students.''
It also sets forth the criteria to be applied, which are as follows:
Whether the parent, if still living with the child, would have contributed toward the costs of the requested higher education;
The effect of the background, values and goals of the parent on the reasonableness of the expectation of the child for higher education;
The amount of the contribution sought by the child for higher education;
The ability of the parent to pay that cost;
The relationship of the requested contribution to the kind of school or course of study sought by the child;
The financial resources of both parents;
The commitment to and aptitude of the child for the requested education;
The financial resources of the child, including assets owned individually or held in custodianship or trust;
The ability of the child to earn income during the school year or on vacation;
The availability of financial aid in the form of college grants and loans;
The child's relationship to the paying parent, including mutual affection and shared goals as well as responsiveness to parental advice and guidance;
The relationship of the education requested to any prior training and to the overall long-range goals of the child.
Review the above factors with your situation, and that will be your starting point.
Then, look at emancipation. In New Jersey, the emancipation of a child represents "the conclusion of the fundamental dependent relationship between parent and child." See, Dolce v. Dolce, 383 N.J. Super. 11, 17 (App. Div. 2006). Emancipation is the act by which a parent relinquishes the right to custody and is relieved of the duty to support a child. In New Jersey the law is: Emancipation may occur by reason of the child's marriage, by court order, or by reaching an appropriate age, and although there is a
presumption of emancipation at age eighteen, that presumption is rebuttable. In the end the issue is always fact-sensitive and the essential inquiry is whether the child has moved "beyond the sphere of influence and responsibility exercised by a parent and obtains an independent status of his or her own." Filippone v. Lee, 304 N.J. Super. 301, 308 (App. Div. 1997) (quoting Bishop v. Bishop, 287 N.J. Super. 593, 598 (Ch. Div. 1995)).
You will need to provide information that your child is still under the sphere of influence of her parents.
Good luck.See question
I gave my ex husband full custody of our now 10 year old daughter when we divorced 5 years ago. Due to my addiction to alcohol at the time, we both thought it best if he were to have full custody and we changed our original divorce decree from jo...
Custody and parenting time can always be revised based on a substantial change in circumstances. You will have to establish a prima facie case for modification of a custody arrangement that affects the welfare of the child such that her best interests would be better served by modifying custody. This is done by filing a motion in court.
Please get legal advice, this is a complicated area. Good luck.See question
My post-judgment matter went to trial. One issue (there were several) was that one of our children is disabled. My ex lied and said child was not disabled and my lawyer did not submit any proofs that the child is disabled (there are/were numerou...
I think it really depends on how long it has been since your hearing, and if anything else has changed since the ruling went against you. It sounds like the time to appeal has expired. However, parenting time and custody can always be reviewed, you need to prove a substantial change in circumstances, see Lepis v. Lepis, 83 N.J. 139 (1980).
A court is required to analyze the situation if you have made a showing of a substantial change to do what is in the child's best interest. In making an award of custody, the court has to consider but not be limited to the following factors:
•The parents' ability to agree, communicate and cooperate in matters relating to the child.
•The parents' willingness to accept custody and any history of unwillingness to allow parenting time not based on substantiated abuse.
•The interaction and relationship of the child with its parents and siblings.
•The history of domestic violence, if any; the safety of the child and the safety of either parent from physical abuse by the other parent.
•The preference of the child when of sufficient age and capacity to reason so as to form an intelligent decision.
•The needs of the child.
•The stability of the home environment offered.
•The quality and continuity of the child's education.
•The fitness of the parents.
•The geographical proximity of the parents' homes.
•The extent and quality of the time spent with the child prior to or subsequent to the separation.
•The parents' employment responsibilities.
•The age and number of the children. A parent shall not be deemed unfit unless the parents' conduct has a substantial adverse effect on the child.
See N.J.S.A. (New Jersey Statutes 9:2-4).
I would also suggest you get an expert to state that the current arrangement is not in your child's best interest, and the revise scheduled should be ____________. The expert should be qualified to be able to discuss you child's disability in this context.
Good luck.See question
CAN YOU SEND ME SOME REFERENCES PLEASE. WKOPALA@YAHOO.COM NEED HELP WITH GRANDPARENT VISITATION.
The attorneys are rated on AVVO, and have references from clients and other attorneys. Good luck with your search.See question