2015年04月

Question

I was married to my wife then separated with 1 child between us.I obtained joint custody through pa since that's where i moved to while she stayed in NJ.She started the child support order in NJ while we where still married.I have a few questions.I'm now divorced about to remarry and I wanted to know once I get married again 1) will my child support be raised due to the extra income of my new wife,2) the order started in NJ.She now lives in Pa.,is there any way to get the child support order changed to PA., and last Is there any way my child support can affect my new bride to be financially.



Answer

The terms of the support order will remain the same wheather you or your ex-wife reside in NJ or PA. The income of a new spouse is not calculated in child support cases.



Answer

I agree with the prior answer. Because both of you now reside in PA, all future issues may be decided by a PA court. If you have any other questions, please contact my office at 732-663-1500.



Thank you.





Question

My boyfriend and I have been together for three years on Halloween, he has been separted from his wife for even longer. She will not sign the divorce papers because she is collecting spousal support from him and also living in their house. They were not even married for a year and a half, and his lawyer says there is nothing that can be done. When we started this procedure we were told that she could only collect spousal support for as long as they were married. Is there anything that can be done?



Answer

Well there are things that can be done but I suspect they won't be cheap. One of the grounds that should have been included is Separation. That way if one party doen't consent. The divorce can proceed.



If you have any questions feel free to contact me. The initial consultation is free.



{John}





Question

Medical support


My EX is for the third time taking me back to court to change joint custody our son is almost 17 and I have been disabled with no income at this time. I had to seek medicaid for my son and I. Now he has been force by the attorney general for past support and this goes to medicaid. He has been working the whole time but he did nothing to provide Medical insurance. How will this affect his case to gain full custody?



Answer

Re: Medical support


There is no way to give you an definite answer. Ever time you go to court things can go either way. Certainly your ex's past actions and inactions will effect the outcome of this modification action. It seems unlikely, based just on what you have written, that he will be successful unless your son wants to go live with him. You need an attorney. Good Luck!!





Question

can i give any complaint to police station over by phone. let me know whether phone complaint can be accept by police station. which-one is effective complaint whether phone or direct complaint as per the law....



Answer

it is better to make a complaint in writing however in case of emergency, a call to phone No. 100 is also considered a complaint as the same is being recorded.





Question

Our uncle passed away last week. His surviving brother and sister got together and decided to sell one of his cabin. Our father who was also is brother passed away leaving us as our uncles heirs. Do we have a voice for our father in the decisions made by the other brother and sister. There was no will.



Answer

AS 13.12.103. provides in pertinent part:


"... the entire intestate estate if there is no surviving spouse, passes in the following order to the individuals designated below who survive the decedent:


...


(3) if there is no surviving descendant or parent, to the descendants of the decedent's parents or either of them by representation;


..."



So yes, your uncle's heirs, assuming he was not survived by children, a widow, or by his parents, would be the "descendants of" his parents, "by representation". These would be the brother, the sister, and your father's children. One third would be divided amony you and your sibling(s).



I don't know how they plan to sell the cabin. The don't have title to it (It includes some land it sits upon, correct?). The estate has to be probated first.



I suggest that you apply to the probate court to be appointed personal representative. Once that happens, you can sell the cabin and distribute the proceeds (after payment of your uncle's duly proven debts) in the proper manner.





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