My father has filed a TRO against me with a false accusation of domestic violence from a year ago. Should I file an ex parte?
Andrew's answer
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Answered on March 26, 2019
As indicated by my colleague Ms. Weinberger, an ex parte motion is a motion that is filed without notice to the opposing party. In this context, I...
Can I protect my family from my daughter-in-law and her family members?
Andrew's answer
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Answered on March 15, 2019
Absolutely. You have the ability to apply for a Restraining Order under New Jersey's Prevention of Domestic Violence Act ("PDVA"). If granted,...
At what age can a child refuse to see his parent In NJ?
Andrew's answer
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Answered on March 12, 2019
Unfortunately, a minor child can never refuse to see his or her parent in the State of New Jersey. That does not mean, however, that the child's...
Archived
How do I get a fro removed?
Andrew's answer
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Answered on January 30, 2019
There are generally six ways to modify a Court Order: (1) reconsideration; (2) appeal; (3) motion to vacate; (4) motion to modify based on changed...
Archived
I want to appeal a final restarting order
Andrew's answer
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Answered on January 28, 2019
You need to act quickly. Under Court Rule 2:4-1(a), you generally have 45 days from entry of a final judgment (including this Final Restraining...
Archived
Alimony reduction won on appeal. Now what?
Andrew's answer
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Answered on January 23, 2019
You've posed two questions, so I'll answer each one in turn.
1. Does the Family Court act sua sponte, or do I need to a file a motion to have...
What is the benefit of filing bankruptcy during a divorce?
Andrew's answer
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Answered on January 23, 2019
I respectfully disagree with my colleague Mr. Davis. While the Appellate Division in the 2008 case of Clark v. Pomponio affirmed that the filing of...
Archived
Post Judgment CIS
Andrew's answer
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Answered on January 18, 2019
For costs that fluctuate, you should take total annual costs and divided by 12 to obtain a monthly average.
Archived
Respond to motion proper way.
Andrew's answer
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Answered on January 08, 2019
The proper response is to file a notice of cross-motion seeking a proper calculation of child support and "imputation" of income to your spouse....
What are reasons a judge would order supervised visits?
Andrew's answer
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Answered on January 08, 2019
A judge has the discretion to order supervised visitation if he or she believes that it would be in the best interests of the child.
First, it...
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