Yes. The domestic violence attorneys at our law firm embrace that text messages that fall under harassment as per New Jersey’s Prevention of Domestic Violence Act may constitute enough proof and evidence that a Final Restraining Order is required. In breaking down this recent case this lawyer illustrates what type of text messages constitute harassment under New Jersey law.
A vast majority of divorces here in New Jersey involve equitable distribution of the former marital home. Often, either the husband or wife would like to retain the home and “buy-out” the other party. Both attorneys shall then engage a New Jersey real estate appraiser to determine a fair market value for the home. At this point, the lawyer for the spouse who is being “bought out” is concerned that their client’s name be removed from the mortgage. This protects their credit score and also enhances their ability to obtain a new mortgage so that they may buy their own new home. Furthermore, this is typically the way that this spouse receives their fair share of the equity in the home. Meanwhile, the other attorney needs a copy of a new “draft” deed to present to the bank in order to effectuate the refinance process. Ultimately, both lawyers shall coordinate things so the one spouse finalizes the refinance while the other ensures that their client receives confirmation that their name has been effectively removed from the mortgage and receives their money. Yes, if a New Jersey Family Court finds that the move out of the state of New Jersey is not in the best interests of the child. During my many years as a child custody attorney, I embrace that when one parent wants to move away to another state with the child, it can be devastating to the other parent as well as the child. However, to do so, the parent wishing to relocate with the child, must file a removal motion. A removal motion, or a motion to move out of state with the child, requires the court to examine the current parenting arrangement between the parents, and if the motion is really a removal action, or actually an action to change custody disguised as a removal motion. When both parents share joint physical and legal custody, the Family Part of the Superior Court of New Jersey reviews the case as a motion for a change in custody. Therefore, the burden is on the lawyer for the parent requesting the change in custody to prove that the change is in the best interest of the child. In a New Jersey Family Court, a frequent issue when trying to determine the correct child support award one of the parents’ income is not a concrete number. In such cases, the court has the power to impute income upon one (or both) of the parents to best reflect what it will be in the coming year. As a family law attorney, my clients often want to know what standards will be utilized when making such a calculation. Pursuant to the New Jersey Child Support Guidelines, a court will impute income “based on potential employment and earning capacity using the parent’s work history, occupational qualifications, education background, and prevailing job opportunities in the region.” As a New Jersey restraining order attorney, I know that sometimes people do not abide by the final restraining orders entered against them. Conversely, the lawyers at my law firms also have cases wherein people have to go to court to defend themselves against alleged violations of final restraining orders when they have not committed any violations. Such a circumstance can be complicated and costly, and that is why it is important to retain an attorney experienced with handling such matters. Actions that would not constitute a crime otherwise, but would constitute a violation of a domestic violence restraining order, are treated as criminal disorderly persons offenses, and are prosecuted in Family Part court without indictment. Because violating a restraining order is punishable as a criminal action, a defendant in a such a case is entitled all the rights criminal defendants are. That includes the presumption of innocence, and requirement for the State to prove, beyond a reasonable doubt, every single element of the alleged offense. A very common issue that I routinely see as a practicing New Jersey child support attorney, and one that is always a hot topic for lawyers and the public alike, concerns the issue of child support and when a child may be emancipated. Most parents on both sides of the spectrum have many questions as to what the law is on this issue, what their rights are and what might happen in their particular situation. The issue can become even more confusing and troubling if a child has graduated high school, does not attend your typical four (4) year college, but is instead enrolled in a trade school. Following is a legal analysis of experienced attorney divorce and child support attorney. As a New Jersey lawyer since 1995, a frequently asked question by my clients is, “what exactly does my child support pay for?” To this very day, the attorneys at my law firm they explain that there are certain “activities” that is covered as per New Jersey’s Child SupportGuidelines, yet other “extraordinary expenses” are not. For example, if your child wants a new video game, that would be included in a child support payment. However, if your child suddenly decides that they would like to take equestrian horseback lessons, this would be likely deemed to be an extraordinary expense. The following appellate division case provides a nice illustration as to what child support covers and does not. After 20 years of being a lawyer here in New Jersey, I have often advised my client’s that if a divorce or child custody agreement is not signed by both parties, it is unlikely to be upheld by a New Jersey Family Court. However, one of my associate attorneys at my law firm about a recent case that just came down ( Campbell v. Campbell ), in which a Memorandum of Understanding regarding the custody and parenting time was sustained even though neither party had signed the agreement. Yes. The child support lawyers at our East Brunswick, New Jersey, law firm will always ensure that we receive any and all information regarding a parent’s income in order to ensure that the children are protected. Furthermore, our attorneys always make sure that both parents are paying the proper amount as per New Jersey’s child support guidelines. In the following case, a parent went to a child support hearing and asked for an adjournment because she had not been allowed to review the other parent’s income documentation. The trial judge denied her request. However the New Jersey Appellate decision reversed the trial court because she should have been granted an opportunity to review this information before the child support hearing took place. As a New Jersey family law attorney, I have often explained the difference between a divorce and an annulment. Many folks think that if the marriage was very short that they qualify for an annulment. However, this is not true. As a divorce lawyer I then explain to my client that one must show “fraud in the inducement” to marry in order to qualify for an annulment in the Family Part, Superior Court of New Jersey. Below, please find a draft Complaint For Annulment which contains more information as to what is required to successfully obtain an annulment.If You Agree To Refinance Your Home In Your Divorce, Be Sure To Comply Or Else You May Lose It Altogether!
Can I Stop My Ex From Moving My Child Out Of New Jersey?
How is New Jersey Child Support Determined When One Parent’s Income is in Dispute?
What Is Contempt Of A Restraining Order In New Jersey?
Does Child Support End In N.J. If A Child Enrolls In A Trade School?
What Extra-Curricular Activities Are Included In My Child Support Payments?
Will A Memorandum of Understanding Be Upheld Even If It Is Not Signed?
During A N.J. Child Support Hearing, Do I Have A Right To Know The Other Parent’s Income?
What Does A Complaint For Annulment Look Like?
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