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HOW CHILD SUPPORT WORKS IN NEW JERSEY

What are child support services? Child support services include: locating the parent who has a duty to support your child(ren), legally determining if a person is the biological parent of your child, obtaining an order for child support and medical support services (if available at a reasonable cost), collecting support payments, keeping accurate records of payments and enforcing the support order.

Who provides these services? In New Jersey, the Department of Human Services (DHS) – Division of Family Development (DFD) – Office of Child Support Services (OCSS) (the State Title IV-D agency), County Welfare Agencies (CWA), the Administrative Office of the Courts (AOC), the County Family Divisions of the Superior Court, and County Probation Division work together to provide support services to your family.

What does the Office of Child Support Services do? The DFD/OCSS is responsible for ensuring that the state’s child support program is operated properly, efficiently and effectively, and that all of its agents are in compliance with all aspects of the Federal Law.

What does the County Welfare Agency Child Support Unit do? The CWA locates obligors and files non-support complaints on active Temporary Assistance for Needy Families (TANF) with the Family Division.

THE FORECLOSURES PROCESS IN NEW JERSEY

The foreclosure process in New Jersey is a two-tiered system involving both Superior Court General Equity judges and the staff of the Office of Foreclosure. The Office of Foreclosure is a unit in the Superior Court Clerk’s Office. The Office of Foreclosure handles seven types of foreclosure actions: (1) residential mortgage foreclosure; (2) multi-family/ commercial mortgage foreclosure; (3) in person am tax certificate foreclosure; (4) municipal in rem tax certificate foreclosure; (5) condominium lien foreclosure; (6) strict foreclosure (to remedy foreclosure action errors) and (7) Fair Foreclosure Act optional foreclosure procedures.

Foreclosure actions are filed in the Superior Court, Chancery Division, General Equity Part. All Foreclosure pleadings are filed with the Office of the Superior Court Clerk, Foreclosure Processing Services in Trenton. The types of liens that can be foreclosed are mortgages, municipal tax liens and condominium or homeowner association liens for unpaid assessments.

THE LANDLORD TENANT EVICTION PROCESS NEW JERSEY

Residential tenants in New Jersey have certain rights. They cannot be evicted (thrown out or locked out) without a judgment from the New Jersey Superior Court.

Some reasons a landlord might file a complaint in the Landlord/Tenant section of Superior Court:

  • The tenant failed to pay rent.
  • The tenant is often late in paying rent.
  • The tenant has repeatedly acted in a disorderly manner.
  • The tenant has caused destruction or damage to the property willfully or through gross negligence.
  • The tenant has violated the terms of the lease or other document.
  • The tenant has been convicted of a drug offense.

HOW THE CRIMINAL COURT SYSTEM WORKS IN NEW YORK STATE

Arraignments

The arraignment is the first time you go to court in front of a Judge. At the arraignment, you are told what the charges are against you and what your rights are, like the right to a trial and the right to have an attorney appointed for you if you don’t have the money to hire one. After you have been given an attorney, you then answer the charges. You answer the charges by telling the court if you are guilty or not guilty. This is called the plea. Before the plea, your lawyer and the prosecutor may talk about settling your case without having a trial. This is called Plea Bargaining. If you plead not guilty, you will get a court date for a hearing or trial. If you plead guilty, the court will decide your punishment. This is called the Sentencing.

Plea Bargaining

Plea bargaining is when your lawyer and the prosecutor talk about settling the case without having a trial. This can be done at any time during the case, from the arraignment up until a verdict in a trial. You can ask for a plea bargain, but the prosecutor can choose not to plea bargain with you. If you agree on a plea bargain, it must be approved by the Judge. Only the Judge can decide your sentence. For example, you may agree to plead guilty in exchange for the prosecutor’s promise to ask the Judge for a sentence with no jail time, just probation. Or, you and the prosecutor may agree that you will plead guilty to a lesser charge that has a lower range of punishments for the Judge to choose from at your Sentencing.

HOW THE COURT DEALS WITH VISITATION/CUSTODY IN NEW YORK STATE

In most cases, the court wants the child to have a relationship with both parents. When one parent has sole custody, the court will let the parent who doesn’t have custody have visits with the child and spend time with the child unless there is a good reason for the parent not to have visitation.

Custody and visitation are two separate matters but they are usually decided during the same hearing. A visitation petition can be filed as a separate case.

The court will order visitation if it is in the best interest of the child. Visitation is also called “parenting time”.

Best Interest of the Child

When there is a court case that affects a child, like custody, parental rights, or adoption, the court will consider the “best interest” of the child when making its decision.

How To File For Divorce in District of Columbia

You can file for divorce in District of Columbia (“DC”) if either you or your spouse has been a resident of DC for six months before the date you file the divorce papers with the court. It does not matter where you are married. Only one of you has to meet the DC residency requirement. One can only ask for alimony and distribution of marital property in your divorce case. You will lose your opportunity to obtain alimony and distribution of marital property if you do not ask for them in your divorce case.

One may include requests for child custody and child support in a divorce case. You also can ask for child custody and/or child support in a separate case from the divorce case. In some instances a divorce can be filed in the District of Columbia but child custody and/or child support must be filed in another state. There are two grounds for divorce in DC

HOW TO SERVE LEGAL PAPERS IN THE DISTRICT OF COLUMBIA

Rule 4. Summons 

(a) CONTENTS; AMENDMENTS. (1) Contents. A summons must: 

(A) name the court and the parties;

(B) be directed to the defendant;

(C) state the name and address of the plaintiff’s attorney or—if unrepresented—of the plaintiff;

(D) state the time within which the defendant must appear and defend;

(E) notify the defendant that a failure to appear and defend will result in a default judgment against the defendant for the relief demanded in the complaint; (F) be signed by the clerk; and

(G) bear the court’s seal. 

(2) Amendments. The court may permit a summons to be amended. 

(3) Service Outside the District of Columbia; Process Service in Suit Seeking Seizure of Property in the District of Columbia. A summons, or notice, or order in lieu of summons should correspond as nearly as possible to the requirements of a statute or rule whenever service is made pursuant to a statute or rule that provides for: 

HOW TO SERVE LEGAL PAPERS IN NEW YORK STATE

Delivering legal papers is called service of process. The law says that legal papers have to be delivered the right way. Every adult and organization listed in the case must be served with its own set of papers. This includes any papers that are mailed.

Who Can Serve Legal Papers– A party in the case can never serve legal papers, like a Summons and Complaint, a Notice of Petition and Petition, or a Motion, unless a Judge says it is o.k. A process server can be paid to serve the papers. Process servers are listed in the Yellow Pages or on the internet. Or, anyone, like a friend, can serve the papers. But, the person serving the papers must be 18 years old or older. A party can go with the person serving the papers when they are served. In NYC, the person serving the papers is not allowed to serve more than five papers each year. 

HOW TO SAVE YOUR HOME FROM FORECLOSURE IN NEW YORK STATE

Foreclosure is a type of lawsuit. In a foreclosure the holder of your mortgage asks a court to let them sell your house at auction in order to pay off your debt. If that happens, you could lose your home. The mortgage holder is often the bank that you borrowed the money from to buy the house, but it could be another bank or company that has taken over the mortgage. The mortgage holder will be the “plaintiff” in the lawsuit and you will be named as the “defendant.” You may not recognize the name of the plaintiff because you may be making payments to some other company that works for your lender called a “mortgage servicer.”

This section of the website tells you what to do in a New York State Supreme Court case after you get a foreclosure Summons and Complaint. If a foreclosure case has not been started yet, but you have missed mortgage payments or you have gotten an Acceleration letter from mortgage holder, it is very important that you seek help now.

NEW YORK STATES APPROACH TO SEXUAL OFFENDERS

A sex offender is a person who commits a Sex Offense. Sex offenders must Register with the Division of Criminal Justice Services (DCJS).

Risk Levels-There are 3 levels of sex-offenders divided by the risk of re-offense, meaning how likely it is that the sex offender will commit another sex related crime. The sex offender level is set by the court. The 3 levels are:

Level 1 – lowest risk

Level 2 – moderate risk

Level 3 – highest risk

There are also three designations that the court can give a sex offender: sexual predator, sexually violent offender and predicate sex offender. These designations and the risk level assigned determine the sex offenders reporting requirements and how much information is open to the public.