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Found 81 results

  1. New Jersey Supreme Court recently changed the criteria for relocation cases from Baures Lewis to Bisbing v Bisbing The criteria now states that the family court must apply the "best interests" standard to determine removal. My daughter has been in court for over year wishing to move with her 11 year old daughter from the marriage to PA some 25 miles across the NJ border. They were arguing the case based on Baure v Lewis, and her ex husband opposing the move is on the stand being cross examined. My daughter has already presented her case and he has one more witness on the list after cross, before summations. They have been divorced for over 6 years and over two years ago my daughter secured a better job in the medical field in PA, met her new partner who has built a house for them and their 6 month old son. They located the house within the radius limit specified in the settlement agreement. Her ex husband lives a few miles from the NJ PA border. My daughter presented her case with expert testimony and other witnesses, including myself and her partner. The expert therapist had interviewed all parties and had testified that the relocation should take place. Her ex husband had also engaged an expert, who interviewed us and other parties from both sides, but her ex husband chose not to present the report findings. Given the new criteria, does the case have to start again from the beginning, with discovery, depositions, expert discovery and reporting? Will the trial effectively have to start anew with all the costs already incurred for nothing, and inconvenience particularly the delay to the child being unable to move with her mother and her new brother to their new house and to a new school district? Thanks for any considered response
  2. Will my NJ vehicle registration be invalid if I change my driver's license to another state? I have two vehicles, one of which I am driving to my new state, and one of which I am leaving behind. The registration on the vehicle remaining in NJ was just renewed, and the mailing address will still be a valid mailing address for me. This vehicle will also remain insured in NJ, on an NJ auto policy. Will surrendering my NJ drivers license for my new states license (Colorado) cause this second vehicles registration to become invalid, since it is registered on my NJ license?
  3. Large branches from a tree straddling my and my neighbor's properties caused damage to our neighbors property (siding, gutter, fence etc.) during a storm two days ago. The tree has to be removed. 80% of the tree is located on my property. I kept the branches trimmed on my side. The damage caused by the fallen branches all were on the neighbor's side. Is my neighbor also responsible for the cost of having the tree removed? Received a quote of almost $3,000 this morning. Thanks
  4. With the new child support laws in Nj, I received a letter from the court's about a consent conference about continuation of my 21 year old son in college. Child support probation sent out notifications about this back in January of 2017 to me and my ex the custodial parent. She had until June17th to show probation that our son is a full-time college student. She didn't get it there until after the 17th, so probation sent me a letter stating that they received the request form after the due date, so they denied the request and my support obligation will end on August 1 2017. My questions are, if I disagree and want the child support to end on the August 1, will the hearing officer agree with the August date or make us go in front of the judge so he can make the final decision. I've been paying child support on time with no arrears. My son is a senior this year, I'm on full disability for 3 years. But I need some surgery, and can't really afford this payment anymore. But my ex makes good money, and my son works part time while in school, and also during his spring and summer break. I was wondering if I tell the hearing officer if I can reduce the amount of my support could they do it. Or would I have to file for modification and go back in front of a judge. Thank you for your answer and opinion.
  5. My sister never had a family and caused trouble in mine so I told her to stop contacting my children. She is a deeply troubled woman unhappy with her life and choices, and immediately became vindictive and threatened to withhold money my father left because she is "the executrix." She obviously has issues. She did not give me items from my father's house when he passed. A year later I received a breakdown of the sale of my father's house, where she is attempting to deduct thousands from my amount for money my father gave me several years before he died. He was of sound mind until he passed away suddenly. I got a copy of his will. There is no provision for deducting money gifts, and simply states all assets are to be divided among my children. I refused to sign the paper, stating she is not allowed to alter a will. With that premise, are you going to go back one year, ten, from birth, to calculate what each sibling got and deduct for that? It can't be tallied. Can I deduct because she lived home until almost 30 and got free housing while I moved out at 21? The lawyer stated on the paperwork that my husband told my brother-in-law and sister that my father gave us x amount of money when he asked him. This is a lie because my sister wasn't present and her sneaky husband attempted to extract information from my husband to get more money for them. My husband didn't know any exact amount my father gave me because my father gave it to me and not him, so how can they try to use "hearsay?" I also believe they don't have any other proof and are trying to use an offhand statement. Irregardless there is no provision in my father's will that monetary gifts need to be repaid. I advised her lawyer, who I thought was working for everyone but learned he is only working for her, that I refuse to sign the paperwork until it is amended. He sent me a letter threatening that if I didn't sign they would deduct even more, going back to additional money my father gave me. My husband and I think this is illegal and a bluff and are shocked a lawyer would do that - although it was known around town the law firm is shady. My husband got angry because he knows my sister's motivation to get more money for herself and because she never had a family and was trying to attach herself to mine and is being ugly due to her own poor choices in life. He said he did thousands of dollars worth of work in my parents house. No other sibling or their spouse is a professional, but my husband is and my parents basically used him as their personal contractor over the years. I told her lawyer she is acting out her hate because she doesn't have a family and I have her text threat which I'll show in probate court. I told him she is not allowed to alter a legal will of which I have a copy, and interject her greed and hate onto my father's stated will. She's trying to put herself above my father in dispensation of his expressed will. 1) aren't her as well as the lawyer's actions illegal? They are bound by the specifications in my father's will. 2) can I deduct the thousands in work my husband did as a licensed contractor on the estate? My sister and her husband and the other siblings weren't professionals, but my husband is and put a lot of work that they'll be benefitting from in the house sale. 3) am I correct that my vindictive sister can be held legally accountable for this attempt to alter my father's will? I read she can be charged with grand larceny. 4) if I have to sue her in probate court, are the legal fees paid for by the estate or do I have to pay for them? 5) she was sick in her mind and tried to break my family up - telling me my children don't like me, in a blatant, ugly bid to get possession of my adult children. They are all nice-looking, responsible people that I worked my fingers to the bone raising, and she wants to insert herself into my family because of her own choices in life. When I told her to stop contacting my children she tried to bully me and said "YOU don't get it, I contact WHO I WANT." And she continued texting my children updates about her life they didn't want to hear. She finally stopped for awhile because they didn't respond to her - and now she's sicker than ever, and my daughter, a nurse, told me she thinks there is mental illness in that family. I want to cut ties with them. I don't know if she'll harass them again but it's uncomfortable that she has their numbers - what can I do to keep her permanently away from my family, because she stirs up trouble? Thank you for any help.
  6. So my girlfriend brought a car off a lot in Philadelphia back in February. At time of purchase the seller did not inform her that the car was a salvage title. We didn't discover that the title was salvaged till we went and tried to register the car,. When we went back to try and get a refund they wouldn't give us the full amount we paid for the car and told us that we just tried to register it wrong. They told us a way to flip to title but when we tried their way we found out that we need either pictures of the before damage or a damage report from the insurance company. We contacted the insurance company they told us that we couldn't get a copy of the report because it was at the discretion of the person who insured it. We then tried to go back to the lot and get pictures but they told us they didn't have any. now we want to just return the car and get back all the money we paid for the car plus the money we paid for registrations. Is this possible?
  7. I work as a phlebotomist- had DOUBLE CARPAL TUNNEL SURGERY RECENTLY, was told to do minimal and keep stitches dry and clean at all times, then I go back for my follow up visit to have stitches removed, the dr released me and said I am good to do anything,( I asked about disability and he said what ever it is they set up continue with that but I did not have to revisit him cause he sites look good), not much longer after I left Drs office the person doing paper work called and said I had to return to work, " I explained I went over that with him and hoping he still remembers what I do for a living, I to,d her I talked with him and he said just follow what has been sent in for returning back to work,she said she would contact the dr and just clarify and would call me back that afternoon😳. No phone return call that day but Then work calls next day and to the boot the lady was very nasty and asks why I didn't report to work that morning( they received a letter stating I had no restrictions and can return to work immediately following the stitches removal"this is 6/30/17 Friday"'!!! I Explained to her/work I was only made aware a short time ago( I was suppose to be out on temp disability for 4 more weeks to recuperate and make sure I can perform my job 100%) was told to report Monday 6/3/17, unable to do much what am I suppose to do when my position is so demanding with the repetitive actions !!!!!Very upset and called surgeons office multiple times and spoke with the contact I was dealing with who is handling all my claim papers ( new in position and was handed patients charts to help out do to a clinical nurse leaving recently) and she said she could not get in touch with the doctor in any way, she said she forwarded my CASE to him the same day after I left the day I was seen Thursday 6/29/17 by him for stitches removal and wanted to find out when I should return to work,then calls me back to let me know all this on a Friday before a holiday weekend that I should return to work immediately, I asked her to please contact dr and specify what I do for a living again and just see if he made a mistake( he was the 4th dr I went to before agreeing to have this, I felt confident he would be honest!!!!! I am not suppose to do repetitive actions for min of 3-4 weeks after removal of the stitches, and if I do I can cause other issues and not heal proper! What am I suppose to do😳😳. Can anyone please shed some light in my dark tunnel😥
  8. I asked for one month extention of the residential lease within 45 days of its expiration by email. My landlord agreed. 30 days prior to expiration of original lease i changed my mind and send an email that I will be moving out at the expiration of the original lease. My landlord wants me to pay for extra month. am I liable for one month rent?
  9. My 13yr old 7th grader has been taunted & tormented by an old friend & current classmate. Months ago the 13 yr old, who would spend the night at my house & vice versa, took pictures of my daughter naked while she was getting out the shower!! My daughter realized & ran in her room & tol her to delete them. When they stopped being friends she threatened to post them on social media. My daughter was devastated to the point that she didnt want to go to school & even her grades declined. I contacted the school & they advised her parent & they had a meeting with the two girls. Outcome was for them to not to be friends but for reapect each other. Since then the girl is campaining for other girls & boys to not be friends with my daughter & make her school time just a hostile environment. Even allegedly sent a boy in her class the "video" of my daughter which was supposed to be deleted but then he later denied. Yesterday she sent the picture to another 8th grader again just campaining for her not to be my daughters friend. My daughter advised the social worker & dean of students & they advised me. I was livid& filed a report with the police. My ? Shouldnt the school have called the police? & what do I do if they dont expell this girl? I want the girl expelled from school! My daughter should not have to deal witj this. Can I sue her parents for causing my daughter this stress?
  10. My boyfriend was pulled over his tents on his window in Hackensack, NJ. His license was ran in the police system and they asked him to get out of the car they then they proceeded to search the car and had him sign some paper allowing them to search the car. They then said he had a warrant and arrested him. They took his credit cards and cash that he had on him. He was going to get his BMW fixed which was supposed to cost about $2200. My boyfriend also had my creditcard and 3 of his clients credit cards that pay him through those cards. The police also took both of his phones. Then the police released him after a couple of hours, but did not give him back his phones, cards, or money. The police also did not give him a voucher for his stuff is that allowed? On the paper that they released him with it only has a charge of 2c:21-6c which is for credit cards in the fourth degree. What types of charges could he be looking at because he has checked and there is no warrant out for him and does this make any since?
  11. Who is responsible for the maintenance of sidewalks. I recently had an inspection of our property and were sited for an uneven side walk. There is a tree growing right next to the side walk between the side walk and road (on public property). the roots of this tree are making the side walk uneven. The repair will involve removing part of the tree or the whole tree to flatten the area under the side walk. this will be expensive and may be prohibited by the County Am i responsible for this ??
  12. Hello everyone, A drunk driver hit my car a couple of weeks ago. It was a major accident. Police has the report which clearly says that the guy was drunk and is charged with 'Driving with Influence' and 'Reckless Driving' and that my car was parked and I wasn't even present at the spot. The guy's insurance company has deemed my car totalled but they say they can't go ahead and make a payment or put me in a rental car unless their insurer (drunk driver) calls them and take liability. I dont understand what I can do now. Just wait without a car? P.S. I just had liability and hence my insurance wouldnt help me much. Thank you in anticipation
  13. Under Title 59 - Claims Against Public Entities, I was granted a motion to file a 'Late Notice of Claim' under N.J.S.A. 59:13 (6); where, I was given two (2) years to file the claim. Without any notice, and well before the two (2) years expired under Title 59, my 'claim' was inexplicably archived without notice by the courts. In my opinion, my rights under Title 59 have been violated; because, I was never given a chance to 'officially' file my claim before the two (2) year expiration. My intentions are to file a motion to reinstate, and possibly, file another claim against the State for violating my rights under Title 59 for not allowing me the opportunity to file before expiration. My question is: Am I on the 'right track' in pursing this case?
  14. Effective May 1, 2017 all land recordings submitted must be accompanied by a cover sheet. The new cover sheet contains mandatory indexing fields which are to be completed by the submitter. The cover sheet is part of the submitted land record and is included in the calculation of recording fees for documents with booking and paging fees ONLY. There is no additional fee when recording flat fee instruments. Failure to submit a cover sheet with all land recordings will result in a $20.00 indexing charge per N.J.S.A 46:26A-5. Cover sheets are specific to the county where the document is being recorded. Most c=of the county websites in the state have already uploaded their county specific cover sheet. Why is this important? The cover sheet adds an additional $10.00 to the recording fee. There will be a $20.00 indexing fee charged if a cover sheet is not included.
  15. New Jersey: Effective May 1, 2017 documents submitted for recording must have a cover page. See attached announcement. Recording Cover Page Notice and Document.pdf
  16. I am a beneficiary of an estate in NJ currently completing the probate process. Another beneficiary was named as executor. He is also a lawyer. The spreadsheet he provided shows that he is being paid as the executor AND and the attorney for the estate. Can he serve as both and be paid as both?
  17. I am currently amending a complaint in Federal Court and I would like to include a slander claim. I want to include the slander claim. I have read up that: "You cannot file in federal court unless you are a resident of a different state than where the business is located. This is known as diversity jurisdiction. Because there is no federal question/federal law (defamation is a state cause of action), the only way you could get in federal court is if you and the employer are from different states and your claim is for more than $75000." I live in New Jersey, work in New Jersey but the people I am suing is the labor union that committed the slander. They are located in New York city. Can I sue them in federal court and if I can, under what law. Thank you for any help in advance.
  18. I have an internet marketing client that advertises chiropractic treatment on Facebook and they have a former client who continues to write negative reviews and comments on their facebook posts and ads, despite being offered monetary compensation and being asked by the attending chiropractor to cease. What legal recourse or other best practices should this chiropractor use to protect their online reputation from slander and deformation? When the assistant at the practice called the offender to ask him why he is posting these comments and whether the practice could do anything to help him, he yelled at her over the phone and told her that there was nothing she could do and that the practice mislead him.
  19. My ex-husband died of a drug overdose in July 2017. Is our 20 year old daughter (next of kin) responsible for all his debt? She is receiving hospitals bills. One person says, "Yes" and another person says, "No." She is so confused on what to do. She did not live with him, if that has anything to do with it.
  20. can a defendant sue a plaintiff for attorneys fees from a frivolous custody battle that resulted in a judge stating the defendants rights were violated and the child was returned to the mother (def). the case ended in 2011.
  21. Is it legal for my ex husbands attorney to subpoena all of my phone calls from my home and cell phones and text messages and then call everyone on my phone and text messages to say he was Verizon and asked how these people knew me? And to make it worse they even called my psychiatrists personal cell and asked as well. I find this really unprofessional and I personally think it's illegal. I had someone sign a deposition to show the judge and the judge said I couldn't prove it yet I have numerous people now ready to testify. I feel the judge is being unfair as well bc I've felt from day one he was on their side and this really showed me I was right. Am I wrong about the phone calls?? Can they portray the phone company? Legally? I called there and asked if they were Verizon and the secretary freaked put me on hold and never came back. I need real advice as I really want to see if I can file an ethics complaint or ten. Please help. This is only one of many illegal things this attorney has pulled and the judge made my old attorney recuse herself and left me alone with no representation. I'm lucky to have found a good attorney but I'm on limited funds with a terminally ill son so I need to do some of my own leg work. Thank you so much in advance.
  22. My step dad passed in June. There are no living children, or other relatives. His ex-wife has an order in New Jersey for past child support arrears due her. He lived in Florida. Decedent recently received a notice from the court for non-payment ( I assume previously it was deducted from his SS check). I am personal rep and have an attorney, but looking for additional advice. Does this order die when the defendant dies?
  23. My teen daughter is being bullied by a fellow student. He has threatened her with multiple comments; "I'm gonna put you in the hospital", "If I see you in the street with my cousins, I'm gonna drag you in the street", "No matter where you go, I'm gonna find you; I'm always gonna be there". (BTW, I have a video where you can hear the audio of the comments) The school's HIB investigation conclusion; is the bullier is not to have any contact with my daughter and in school counseling. It now a month that passed and the bullier is now having other students physically/verbally attack my daughter. (the school is doing nothing about it). The bullier almost on a daily basis is next to my daughter. I would like to obtain a restraining order against this child. I need advice on how to go about it and what are my legal rights. Appreciate all your assistance.
  24. Hoping someone might be able to shed some light on this matter. Your help is much appreciated. I was recently let go by a company I was working for from July 2015-Feb 6,2016. The company is based out of GA, I live in NJ. I was presented a one months severance package that I need to get in 21 days from Feb 6th or it is null and void. I reported directly to the CEO and have asked him about the bonus plan that was in place for me to be payed in 2016. The plan is very clear how I'm to get paid, but what is not clear are the numbers being reported. As the VP of sales I knew all of the forecasted sales numbers and actuals. The bonus payout they sent me was about 50% of the money I should be receiving. I have responded back to this and haven't heard back on this bonus issue, as I feel they are probably trying to figure out a way to get out of paying me. This is a 2016 bonus and should have been paid in 2016. Before leaving, I had brought this up to the CEO several times and he said he would get me the details, but never did. My concern is if I sign the severance agreement, does that prohibit me from going after my bonus money? There is a "GENERAL RELEASE OF ALL CLAIMS" in the severance package ( I can provide the exact wording if need be) There is also a SECTION 5 ACKNOWLEDGMENTS AND AFFIRMATIONS states that "Employee has been paid/ and or has received all compensation, wages, bonuses, commissions, and or benefits employee may be entitled to. There is more to it than that, but that is part that concerns me. A few days later, they did in fact send an email and bonus payout that is like I said above about 50% of what it should be. The letter does state that THIS LETTER IS SEPARATE AND APART FROM THE CONFIDENTIALTY SEPARATION AGREEMENT AND GENERAL RELEASE BUT IS INTENDED TO CLARIFY CERTAIN LANGUAGE CONTAINED IN THE FIRST PARAGRAPH OF SECTION 5 (SEE ABOVE). It goes on to say it has come to their attention that they owe me bonus money. They have a schedule of that, but it is not correct. My inquiries to clarify have not been answered. Here are my concerns. If I sign the Severance agreement, they could hold this up as acknowledgement of the lower bonus payout? There is also language with the bonus payout that states: "SUCH BONUSES WILL BE PAID ON OR ABOUT MARCH 15TH ACCORDING TO "COMPANY NAME" ROUTINE BONUS PAYMENT SCHEDULE. THIS CALCULATION IS SUBJECT TO REVISION BASED ON ANY CHANGES RESULTING FROM OUR ANNUAL FINANCIAL AUDIT. THE BONUS WILL BE PAID ONCE THE AUDIT IS COMPLETE. I understand this, but it seems like another way for them to get out of paying some money. The other question they won't answer-- Is this the same way all of my other VP colleagues are being paid for 2016 bonuses? If that is the case, not big deal, but if my other VP colleages already received their 2016 bonus, do I have the right to receive it just as they have (it is already 2 months late). Thanks in advance, Al
  25. i was fired 1 week ago after 26 years of service.i am a truck driver and company installed cameras,out of 19 trucks only 6 of them currently have them.i find a camera going off everytime i hit a pothole is distracting so i blocked it from being on me.inever had any job issues in the 26 years of service.i was spoken to a few times about it. other drivers did the same thing.i was never threatened about being fired.i am in new jersey which is a at will state. this past saturday there was a drivers meeting and all of a sudden they were told that blocking the camera is grounds for firing.i am 68 and have difficult time finding a job , probably going to lose my house..do i have any recourse.