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Ivan Raevski
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Ivan Raevski’s Answers

462 total


  • Child Support agreement. Order still binding? Paying directly to parent not probation dept.

    I was told aprox 5 years ago, that I had a child, which was a product of an affair. He is 18 years old now. At the time I was told she came to me and said that she wanted DNA testing and was going to file for child support. We both agreed to avoid...

    Ivan’s Answer

    this is a tricky situation. generally in nj a parent must pay child support until the child is emancipated. emancipation can be defined by agreement (if it is not defined by agreement, generally the child does not become emancipated until he/she is done his/her eduction, including college).
    If this case were to go to court, most likely the judge would order you to continue paying until the child is done with school (including college if he goes to college).
    There are many factors here, you should meet with a family law attorney to discuss in detail

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  • Can I introduce new evidence the day of Oral Arguments? (Family Division)

    An enforcement motion was filed against me to enforce a Final Judgment. I filed my Cross Motion in response showing my address at the time of the original divorce proceedings and to show ineffective service. The opposing side filed their response ...

    Ivan’s Answer

    If you are strictly responding to what the other side has said in their cross motion, you can introduce new documents at the hearing. it will be up to the judge to decide whether or not they will be considered.
    You can also call up the judge's law clerk on Monday and ask if the judge would permit you to submit a written answer to their response along with the documents you are seeking to use. The judge might permit you to put in a written answer at his/her discretion.

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  • Where do i file a motion for extension of time for answering a foreclosure complaint?

    I was never served the complaint, and I filed an affidavit with superior court in trenton but it was returned as deficient. I want to refile this affidavit with my motion paperwork. Do I address notice of motion to superior court clerk in trenton...

    Ivan’s Answer

    Sounds like you may have a default against you already. If that is the case you would need to file a motion to vacate default so that the court permits you to file an answer out of time. First call the foreclosure office in Trenton to find out if there is a default.

    As for extension of time to answer, generally you would call up the lawyer on the opposing side and ask him/her if they would agree to give you an extension of time to answer. Usually this is no problem if there is no default in place. You would need to get a stipulation extending time to answer signed by both parties which you will then file wit the court

    As for where to file, it is usually best to file with the foreclosure office in Trenton especially when the case is uncontested (as yours is so far). After a contesting answer or motion has been filed they will send it down to the local county court for disposition. After that you can file your papers either in Trenton or at the local county court

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  • Live in Nj my husband is in Texas want a divorce..

    How can I do this with not much money and I'm pregnant rite now with my boyfriend and my ex husband won't sign what can I do?

    Ivan’s Answer

    you will need to have your husband served in TX with the summons and complaint. He doesn't need to sign for it. So long as you have proof of service you can obtain a judgment of divorce by default if your husband does not file an answer in NJ. I doubt he would travel to NJ for something like this unless there are assets and/or children involved.
    you can file with or without a lawyer. many lawyers would do this type of divorce for under $1000 including the filing fees.

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  • If a divorce decree releases a spouse from their home, that are both named the mortgage can that person be held responsible

    home in default, couple gets divorced leaving the spouse with the responsibility of the home and releasing the other spouse from the home. Shouldnt the bank remove the spouse that is released from the property from the mortgage? Also if the spouse...

    Ivan’s Answer

    the divorce decree cannot release you from responsibility for mortgage. the bank is not party to your divorce so they can come after both parties even if they divorced and one of the parties released the other from responsibility.
    you may have a claim against your former spouse if the bank comes after you but you will not be removed from the mortgage unless the home is refinanced under your ex-spouse name only.

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  • My account was closed and funds taken out due to a LEVY

    LEvy

    Ivan’s Answer

    So what is your question? Sometimes if you file for bankruptcy fast enough, you may be able to get those funds back. Otherwise they are gone.
    Depending on what you situation is, you might want to consult an attorney regarding bankruptcy or debt settlement. There are several options out there.

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  • How long does a bankruptcy case take? i want to file for bankruptcy if its the best case.

    I have student loans from the government and car loan.. and couple other accounts collection agency and a judgement lien on private student loan. i just can afford my car payment and current student loan. if i file for bankruptcy how long will it...

    Ivan’s Answer

    usually takes 3-4 months. you don't have to wait 7 years. Often credit card companies would send you offers a week or two after your case is over.
    Repaying your car loan will help rebuild your credit.

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  • Is a letter from a doctor/licensed therapist about what he witnessed admissible in a domestic violence hearing.

    Is a letter from a doctor/licensed therapist about what he witnessed in a therapy session between me and my ex, and his concerns admissible during a hearing for a final restraining order? I am currently divorced for three years and my ex is consta...

    Ivan’s Answer

    Generally speaking reports and letters are not admissible unless the person writing such letter/report is present in the Court to testify regarding such letter.

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  • A LOT OF DEBT, BAD CREDIT, BUT NO ASSETS AT ALL IN MY NAME

    A LOT OF DEBT, BAD CREDIT, BUT NO ASSETS AT ALL IN MY NAME. IS BANKRUPTSY THE WAY TO GO IF I HAVE NO ASSETS? MY GOAL IS TO REBUILD MY CREDIT AND MY LIFE TO THE WAY IT WAS BEFORE I WAS MARRIED. JUST WANTED TO KNOW MY BEST OPTIONS. NOW I HAVE 2 JUDG...

    Ivan’s Answer

    You should meet with an attorney to discuss all your option. That said, from what you stated, bankruptcy is probably the best and cheapest way out of your situation. Since you already have 2 judgements and another lawsuit pending, your credit score would be very low.

    If you chose to set up payment plans with collection agencies, your credit won't start improving until you have paid them off. And yes if you go this route, make sure you have a written agreement with them and also make sure they are actually authorized to collect that particular debt.

    If you file bankruptcy, it will wipe all the unsecured debt (credit cards, bills, etc). So you credit will improve fairly quickly as the lenders will know that you cannot file bankruptcy again for another 7 years and thus they will get their money back if they lend it to you post bankruptcy.
    Some of my clients achieved credit scores of 650-700 within 2 years after filing chapter 7.

    Most bankruptcy attorneys including myself offer free consultations. you can contact my office if you have any further questions.

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  • Divorve when we live in different states?

    I live in NJ, wife lives in MD but works in NJ. I would like to file for a divorce in NJ. Is this possible to do?

    Ivan’s Answer

    You can file in NJ as long as you have lived in NJ for at least a year.

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