Divorce Agreement

[stepmom11]

What is the name of your state?What is the name of your state? NJ

My stepson was caught with a joint and has to go to court....so I have a couple of legal questions in two parts....

Part 1:

He lives with his mother and the dovorce agreement states that she can't spend more than $250 (unless its an emergency) without consulting his father.

She retained an attorney without discussing it with my husband and now wants us to pay for half and is threatening to take us to court....does she have the right to do that? Would we have a leg to stand on in court with our agreement or is it just going to cost us anyway in the long run?

Part 2:

I believe that in NJ there is a mandatory sentence of 6 months to 2 years loss of license and a $500 fine....Does my stepson NEED an attorney, or is that just going to raise the costs?

I mean if he is going to plead guilty which he is, and he is going to get the mandatory sentence anyway, what good would the attorney really do? Sorry attorneys

The only bennfit I can see at this point is maybe the attorney can get this expunged from his record?

This is difficult because my stepson lives in NJ and we live in Oregon so we are always out of the loop on these things

Worried about my stepson having a record and worried about the costs of all if this...
P

P.S. I also posted this under Juvenille Law

 

[ablessin]

I am not 100% sure here, BUT - I have a similar stipulation on my divorce as well (I always check w/dad first)

So, my guess is if she can't spend more than $250 without telling your husband first, YES - you have a leg to stand on

 

[BelizeBreeze]

What is the name of your state?What is the name of your state? NJ

My stepson was caught with a joint and has to go to court....so I have a couple of legal questions in two parts....

Well, that was certaintly stupid of him. O.k. let's continue...

Part 1:

He lives with his mother and the dovorce agreement states that she can't spend more than $250 (unless its an emergency) without consulting his father.

She retained an attorney without discussing it with my husband and now wants us to pay for half and is threatening to take us to court....does she have the right to do that? Would we have a leg to stand on in court with our agreement or is it just going to cost us anyway in the long run?

Tell your husband to tell his ex to "BITE ROCKS".

Part 2:
I believe that in NJ there is a mandatory sentence of 6 months to 2 years loss of license and a $500 fine....Does my stepson NEED an attorney, or is that just going to raise the costs?

I mean if he is going to plead guilty which he is, and he is going to get the mandatory sentence anyway, what good would the attorney really do? Sorry attorneys

The only bennfit I can see at this point is maybe the attorney can get this expunged from his record?

This is difficult because my stepson lives in NJ and we live in Oregon so we are always out of the loop on these things

Does he NEED ONE? no. Should he HAVE ONE? Definately. With an attorney and without a record, he may be eligible for a diversion program which won't require jail time but will require a fine.

Otherwise, he's at the mercy of the court.

 

[LdiJ]

What is the name of your state?What is the name of your state? NJ

My stepson was caught with a joint and has to go to court....so I have a couple of legal questions in two parts....

Part 1:

He lives with his mother and the dovorce agreement states that she can't spend more than $250 (unless its an emergency) without consulting his father.

She retained an attorney without discussing it with my husband and now wants us to pay for half and is threatening to take us to court....does she have the right to do that? Would we have a leg to stand on in court with our agreement or is it just going to cost us anyway in the long run?

Part 2:

I believe that in NJ there is a mandatory sentence of 6 months to 2 years loss of license and a $500 fine....Does my stepson NEED an attorney, or is that just going to raise the costs?

I mean if he is going to plead guilty which he is, and he is going to get the mandatory sentence anyway, what good would the attorney really do? Sorry attorneys

The only bennfit I can see at this point is maybe the attorney can get this expunged from his record?

This is difficult because my stepson lives in NJ and we live in Oregon so we are always out of the loop on these things

Worried about my stepson having a record and worried about the costs of all if this...
P

P.S. I also posted this under Juvenille Law

Belize gave you the correct legal advice. However, from a purely personal standpoint I would feel an obligation to share in the cost of the attorney...but then I would make sonny boy pay every penny back.

 

[stepmom11]

I have seen the light and do agree that my stepson does need an attorney....its going to cost $1500! ouch!

But the attorney will get this expunged and minimize the damage, or make it go away in his words....

As far as payback, his mom says he does not have any money and that he only makes $6.00 an hour...I still feel he should pay us back otherwise he will never learn anything!

I only hope he doesn't do this again, because he is 17, he is getting this get out of jail free card...in 9 months when he is 18 he won't be so lucky!!

Thanks for the advice...

My new concern is once he is 18, if he is not emanicipated are we the parents still responsible for him as far as bills or damage or anything that may come up in the future??

P

 

[Silverplum]

I have seen the light and do agree that my stepson does need an attorney....its going to cost $1500! ouch!
(snip)
As far as payback, his mom says he does not have any money and that he only makes $6.00 an hour...I still feel he should pay us back otherwise he will never learn anything!

I only hope he doesn't do this again, because he is 17, he is getting this get out of jail free card...in 9 months when he is 18 he won't be so lucky!!
(snip)

My cousin's 17 yo son is *fond of* getting into trouble with the police. They make him pay for his lawyer out of his savings account. Also for the dental work after he drunkenly fell downstairs and lost a front tooth...also for his various legal fines. It's an idea. Hasn't worked in my cousin's situation, but it's an idea nonetheless.