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Mark S Guralnick

Mark Guralnick’s Answers

409 total


  • Is there a way to re-litigate my divorce contract or appeal the imputed income?

    I am not a dead beat dad who unwittingly signed a divorce agreement without the aid of an attorney. Three years after the divorce my ex-wife got the judge to impute a child support income of a $150,000 a year when I am not sure that that I ever ea...

    Mark’s Answer

    I'd need to know more details about your case, but if you never earned that much money, and if you're not wilfully under-employed, I don't know how the judge imputed such a figure.

    You will need to file a post-judgment motion to modify child support and to set aside the imputation order. You may need to retain an expert, or at least run a more sophisticated breakdown of your earnings and your earning potential vs. your wife's earnings, etc.

    I am a certified matrimonial attorney with an MBA, and I'd be happy to help you with this case.
    We have offices throughout the state.

    Feel free to call me.

    Mark S.Guralnick, Esq.
    (201) 804-9000

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  • Should I get an attorney for harassament toward my children from a teacher?

    I have 2 boys 13 and 14. My 14 year old son got into some trouble over the summer but with a few friends at a sleepover..He is in high school but is old 8th grade grammer gym teacher seem to think it was important the he pull a kid aside the other...

    Mark’s Answer

    This teacher certainly sounds like a loose cannon. If you haven't done so already, you should make a complaint with the principal of the school and request that the children not be assigned to any classes or programs that would force them to interact with this teacher.

    We can write a stern letter or file legal papers on your behalf, but that might make things messier for your kinds. If you wish to discuss, feel free to contact me. We are located in Paramus.

    MARK S. GURALNICK, Esq.
    (201) 804-9000

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  • Is alimony considered income?

    Is the CP expected to use their alimony to help support their children?

    Mark’s Answer

    Yes and No. First, you should known that alimony is deductible to the person who pays it, and taxable to the person who receives it. So, if you're getting alimony, then the IRS will consider in "income" for tax purposes. You'll have to pay taxes on it.

    But alimony is not specifically meant for the children. Ordinarily, alimony is paid separate and distinct from child support. They are calculated separately. If a judge ordered alimony and child support to be paid together, in a lump sum, or in "unallocated support" payments, then you might find that some of the alimony money goes for the kids, or vice versa.

    If you're not getting enough child support or alimony, then you may need to return to court and get a modified order.

    Let me know if I can assist you.

    MARK S. GURALNICK
    (732) 342-9292

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  • My husband is a cocaine user and was found early morning hrs w/ another woman. I want to file for divorce

    he has made it clear that he will not make this easier because he wants to be w/ me. I dont have much money but want this to be done. How do I proceed. Our home was purchased w/ me as the mortgage holder but during marriage. We were only married a...

    Mark’s Answer

    Is marriage counseling a possibility? Is there a way to work this out? If you think you can save the marriage, and get y our husband some counseling or rehab, then it might be worth considering.

    ON THE OTHER HAND, if this marriage is dead, and there's no way to save it, keep reading....

    You have multiple grounds for divorce -- adultery (based on him cheating with another woman), and drug abuse (based on his pattern of cocaine use). You have legal rights concerning the property as well possible rights to support.

    Let me know if I can help you. I am a certified family lawyer, and I've handled many cases in Ocean County.

    Mark S. Guralnick, Esq.
    (732) 342-9292

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  • Once my fiance and I get married could his child support be increased based upon our combined income

    My fiance has 3 children and is currently paying child support for his children. Could his child support be increased due to our combined income or is child support solely based off of his income?

    Mark’s Answer

    The basic answer is no. His child support will not be based on your income, but rather only his income.

    There are a few exceptions to the rule. For one thing, if you and your fiance have a child together, he will be obligation to support your child as well as his three other kids...and that will probably lower his child support to his ex. If you contribute an extraordinary amount of income to the household, leaving your fiance with disposable income, his ex could petition the court to consider his improved financial circumstances and therefore ask for more child support.

    But under the facts you've provided, I would say it's unlikely that your income (or your combined income) is going to affect his child support obligation.

    Feel free to contact me if you have any further questions or concerns.

    MARK S. GURALNICK
    (856) 983-9900

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  • The mother of my 3 children has primary residence but we have joint custody and live in same state. Can she move out of state?

    The mother of my 3 children currently has primary residence but we have joint custody and live in the same state about 10 minutes from each other. Can she move out of state w/ my children without my consent? Is there any stipulation as to how fa...

    Mark’s Answer

    The short answer is no. Under NJ statute 9:2-2, the mother will need your consent or a court order to be able to move out of state with the children. But beware, she can file a motion requesting permission to move with the kids...there are a number of steps she'll need to go through to get permission, and the judge may require a hearing to be held.

    There is no law that governs how far she can move within the same state. The statute doesn't cover in-state moves, only out-of-state moves. If she moves too far away, however, the Court may have to consider changing your joint custody and parenting time schedules.

    Call me in you wish to discuss. My office is right in Marlton.

    MARK S. GURALNICK, ESQ.
    (856) 983-9900

    If you want more information about this, check out my website on New Jersey Custody Law. It's located at www.CustodyLawyerNewJersey.com

    I'd also like to invite you to follow me on Twitter where I give out daily custody tips. http://twitter.com/DailyCustodyTip

    Also, please visit my blog on Daily Custody Tips at http://custodytip.com/

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  • How do I get primary residence if I have joint custody with their mother

    My ex has primary residence so the children "stay" with her however I have them 3 nights a week and she has them for the remainder of the week. How can I get primary residence? What

    Mark’s Answer

    If your ex has the children for four nights, and she has them for three nights each week, you already almost have a 50-50 split. You would have "primary residence" if you had four nights. You could devise a creative time-sharing arrangement where you get three nights one week, then you get four nights the next week, and so on, ...so that you'd both end up with 7 night over every two week period....If she doesn't agree to modify your parenting time arrangement, and if you have good cause for doing so, then y ou'll need to file a motion in the family court.

    Feel free to call or stop in for a visit. Our office is in Marlton on Route 73.

    Mark S. Guralnick, Esq.
    (856) 983-9900

    If you want more information about this, check out my website on New Jersey Custody Law. It's located at www.CustodyLawyerNewJersey.com

    I'd also like to invite you to follow me on Twitter where I give out daily custody tips. http://twitter.com/DailyCustodyTip

    Also, please visit my blog on Daily Custody Tips at http://custodytip.com/

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  • Evidence presented in the rebuttal phase of the trial must actually rebut evidence in what other portion of trial?

    Evidence presented in the rebuttal phase of the trial must actually rebut evidence in what other portion of trial?

    Mark’s Answer

    Usually, the Plaintiff presents his evidence. This is sometimes called the Plaintiff's case-in-chief.

    Then, the Defendant present his evidence (the Defendant's case-in-chief).

    Then, the Plaintiff can call "rebuttal witnesses" to rebut the testimony and evidence raised by the Defendant.

    Then -- if the judge permits it -- the Defendant can come back with a "surrebuttal" - meaning a rebuttal to the rebuttal.

    That's the general pattern.

    Good luck.

    Mark S. Guralnick

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  • Who is responsible now that I found out my well water was filled with hazerdous waste from a landfill down the road yrs ago?

    I moved to a house with my parents in 1989 at 2 yrs old, lived there for 6+ yrs. We had pets that had seizures then. I have had health problems all my life. I suffered throughout my schooling so much that I just happened to get tested for heavy ...

    Mark’s Answer

    This is a very interesting case involving what is sometimes referred to as "toxic torts" -- a branch of environmental law. I may be interested in assisting you with this case. If you can document your illnesses and setbacks, and if we can establish the proximity and migration pattern of the landfill, we may be able to present a claim for damages on your behalf. It could cost some money -- for experts in medicine, education, and landfill chemistry, etc...but it might be worth the effort. We have offices down in Oakland County and in Grand Rapids, but we cover the entire state. Please call me.

    Mark S. Guralnick, Esq.
    (866) 337-2900

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  • What could possible sentence be for Attempted burglary 2nd Degree, Unemployment and Social Services fraud ?

    If someone has an indictment pending for Attempted Burglary 2nd degree and then is also found to be committing Unemployment fraud and Social Serviced fraud, what would the possible sentence be for those crimes collectively ? This person also has 7...

    Mark’s Answer

    Burglary in the second degree is a Class C felony in New York. If you're a second-time felony offender, you could be looking at between 6 and 15 years of incarceration. If you get classified as a persistent violent felony offender, your max time can be as high as 25 years.

    You said that the indictment is for Attempted Burglary 2nd degree. If you were found guilty of attempted burglary 2nd degree (which is a Class C felony), then you would be prosecuted for a Class D felony. Basically, the attempted crime knocks it down from a Class C to a Class D. Under the Penal Law, Section 70, with a Class D, you're looking at 3 to 7 years.

    As for the unemployment and social services fraud, these financial crimes carry special penalties, and may be enhanced depending on specifically which offenses you're charged with. I would need to see more details.

    Considering all of the charges and arrests you're talking about, you should get armed with a good criminal defense lawyer. It looks like there's plenty of work up ahead, but if you start early and get on top of the case now, you may be able to put up a strong fight.

    If I can help you, please feel free to contact me. I'm an experienced criminal defense lawyer throughout New York State, and also a licensed private detective.

    MARK S. GURALNICK, ESQ.
    (866) 337-2900

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