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Kenneth A White
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Kenneth White’s Answers

1,103 total


  • Can I report International Kidnapping to 911 since my wife did not bring my kid back to USA as planned?

    My wife got her green card through petition by me. Our kid is US citizen. My wife took our 1-year-old-kid to her home country with my permission. I booked round trip flight for them. My wife did not come back as scheduled. Can i report this t...

    Kenneth’s Answer

    Call 911 will likely not help you. If you truly want relief you should be filing an action in the Family Court. Either a Complaint for Divorce or an independent Complaint for Custody. You will likely also want to consider filing an Order To Show Cause (this is how you secure emergent relief).

    Be advised that timing is critical. If your wife remains outside of New Jersey for a period of time in excess of six (6) months with your child and she was to file an application for Divorce or Custody in another country, New Jersey may deny jurisdiction of your case (meaning you will be litigating in that other country, not New Jersey.

    As there are simply too many facts to take into consideration, for a reliable opinion regarding what you should do you should schedule a consultation with an experienced family law attorney immediately. There may be no time to waste.

    Kenneth A. White, Esq.

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  • Can I terminate alimony based on cohabitation even if the language in the Property Settlement Agreement does not permit it?

    My Property Settlement Agreement only permits the termination of alimony if one of three factors occurs: (1) death of my ex-wife, (2) my death, or (3) my ex-wife remarries. My ex-wife has been cohabitating with someone for the last 6 years and ha...

    Kenneth’s Answer

    If you ex is cohabiting with another in a "marriage like" relationship you may very well be successful in terminating your alimony obligation.

    For a more reliable answer, you should consult in person with an experienced family law attorney who can take the time to review with you all the relevant facts and circumstances.

    Kenneth A. White, Esq.

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  • Bought home with mom last year, mom put down payment. Wife not on loan or deed. Can she claim house in divorce?

    I'm in NJ and considering divorce after 15 years because I suspect my wife is having an affair. I bought a house with my mom last year.

    Kenneth’s Answer

    Additional facts are need to provide you with a reliable answer. If you meet with a divorce attorney that attorney will have the ability to review with you all relevant facts/circumstances and provide you with a reliable opinion.

    As previously indicated, if the funds for the purchase and maintenance of the home came from your mom and your name was simply put on the Deed as a "gift" you will argue (and likely be successful) in alleging that the home is immune from equitable distribution (your wife will have no claim). However, if you have been paying the maintenance and taxes and other expenses associated with the home or if the home has been your marital residence, your wife may have some interest. With your mother on the deed, your wife's interest, if any, would likely be limited to 50% or your share of the equity existing in the home (accordingly, no greater than 25% of the equity).

    I must strongly recommend that you meet with an experienced family law attorney who can take the time to review with you all the relevant facts and circumstances to assure that your rights are fully protected.

    Best of luck,

    Kenneth A. White, Esq.

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  • How can I proceed with this now to go back to court to make him take my name off? Do i need lawyer for it?

    Hello Ive been divorced for 2 years now and still on mortgage on the house my exhusband kept. I have it on my divorce settlement that he has a year to take my name off.

    Kenneth’s Answer

    If you ex is not complying with the terms of your Divorce Settlement Agreement or other Order of the court you must file a Motion to Enforce Litigant's Rights. Having an attorney is not required. Whether you hire an attorney or not should be based on your comfort level, i.e. whether you are confident that you can draft and file the appropriate paperwork in a timely manner, including a response to any papers your ex may file. I often remind litigants that it is one thing to retain an attorney and complete a project correctly and it could be 10x harder and more costly to retain an attorney to undue something done wrong.

    Best of luck,

    Kenneth A. White, Esq.

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  • What can happen to hes courier?

    My son is in the army in Texas.Hes ex girlfriend. Filed a no contact restraining order.

    Kenneth’s Answer

    First question to be answered is in what State was the Restraining Order entered. If it was not New Jersey you have posted your question in the wrong forum.

    If it is New Jersey then the girlfriend likely secured a Temporary Restraining Order under the Prevention of Domestic Violence Act. You son would have to be served with the same and he would be provided with an opportunity to defend himself. In the event the matter could not be resolved outside of court and a Judge was asked to hold a hearing, at the conclusion of that hearing the Judge would either dismiss the Temporary Restraining Order or convert the same into a Final Restraining Order.

    I note that there are simply too many unknown facts to offer you a reliable opinion. Your son should consult with an experienced family law attorney in the State where the Restraining Order was entered to secure meaningful advise.

    Best of luck,

    Kenneth A. White, Esq.

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  • Can I file a restraining order against my husband for emotional and mental abuse?

    Going through a divorce we have lawyers

    Kenneth’s Answer

    To seek an Restraining Order under the Prevention of Domestic Violence Act you would need to establish a predicate act and the need for such a Restraining Order. You have not provided enough information here for anyone to provide you with a reliable opinion regarding whether you may be successful or not in securing a Restraining Order.

    As suggested by another, you should be reviewing such questions with your current divorce attorney. In the event you have lost faith in your current divorce attorney then you should be consulting with another experienced family law attorney.

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  • What are my options when someone issues a verbal death threat?

    My ex husband and I have a rough history. This passed weekend he was angry because I contacted Child Services and they required him to fix some items in his home before the children can come visit. He was heated about this and sent me many text ...

    Kenneth’s Answer

    If you are a victim of Harassment you will likely qualify for Temporary Restraining Order and likely a Final Restraining Order, particularly if there is a significant prior history of incidents between the two of you. Without reviewing all the facts and circumstances, i.e. the prior history, the text messages you are referring to, etc., it is impossible to provide you with a reliable opinion regarding your likelihood of success.

    Therefore, you should schedule a consultation with an experienced family law attorney immediately to review the entire matter with you. Keep in mind that time is your enemy, because the more time that you allow to elapse between the occurring of the alleged event and your seeking to address the event the less likely it will appear that you need the protection of the court.

    Kenneth A. White, Esq.

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  • My 401k plan is she entitled to what I have put in or matching funds from company also

    My wife want a Divorce

    Kenneth’s Answer

    All assets amassed during the marriage are subject to equitable distribution unless the same are specifically exempt. For example, a gift independently received from a third party or an inheritance would be exempt property that is not subject to equitable distribution.

    That much of your 401K balance that was amassed during your marriage, i.e. from the date of the marriage to the date a Complaint for Divorce is filed, will be subject to equitable distribution, meaning your spouse will have a claim seek to a portion of the same. The balance amassed in your 401K includes both, what you put in and what matching funds you may have received.

    Kenneth A. White, Esq.

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  • Does receiving notice of a matrimonial early settlement panel hearing after being divorced mean that the case is reopened?

    My divorce was finalized Jan 20, 2015. My ex has continually threatened to want to file a motion to reopen the divorce and be able to force me to short sell the house I got to stay in, which has been in foreclosure for a year now. I received a n...

    Kenneth’s Answer

    In all likelihood a Motion must have been filed; which led to the entry of an Order; and within that Order the court directed that the parties were to participate in the Early Settlement Panel Program in an effort to resolve any outstanding issues. Alternatively, you may have received that notice in error.

    Without more details, it is impossible to provide a reliable opinion.

    Moving forward you should either retain an experienced Family Law attorney to look into the matter for you or you should contact the law clerk of the Judge assigned to the case to see if you can confirm how the Notice requiring an appearance before the Early Settlement Panel came about.

    Kenneth A. White, Esq.

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  • What are the legal considerations I need to understand? What is the best way to break this news to him?

    I have been in a domestic partnership for 14 years. We currently live together in NJ with our two kids. I would like to leave as my partner is an unrepentant alcoholic who makes my family's lives miserable 90% of the time. The mortgage is in his n...

    Kenneth’s Answer

    To assure that you have custody of your children in a recognizable manner you will need to file an application in the Family Court, most likely a Complaint for Custody and Support which would be addressed under the "FD" Docket as opposed to the "FM" Docket which is used to address divorcing couples.

    To assure that you are getting solid advice, you should schedule a consultation with an experienced family law attorney as soon as possible. The only way to over credible advice to you would be to review "all" the relevant facts and circumstances relevant to your matter, which this forum is not designed for.

    Best of luck.

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