Theodore Sliwinski, Esq.

Theodore Sliwinski, Esq.

Theodore Sliwinski, Esq. 45 River Road East Brunswick New Jersey 08816 732-257-0708 Learn More About Theodore Sliwinski, Esq.

Articles Written by Theodore Sliwinski, Esq.

A Guide For Living Wills

The information below describes your legal rights concerning health care decisions and living wills. It explains your legal right to make decisions about your own health care under New Jersey law, and it tells you how to plan ahead for your health care if you become unable to decide for

A Military Divorce Guide

1. What are the residency and filing requirements for a servicemember to file for a divorce?The state of New Jersey will allow a military member or a spouse to file for a divorce where he or she is stationed, even if neither the servicemember nor the spouse is a resident

Alimony Reduction

1. Can alimony be modified?Alimony can be changed. However, it is not easy to convince a court to reduce alimony. Alimony only defines spousal support obligations of a spouse in the present. Spousal support duties are always subject to review and a modification of a “change of circumstances.” The seminal

Alimony Reduction Motions are Decided on a Case-by-Case Basis

1. How are alimony reduction motions usually decided?It is very important to emphasize that alimony reduction motions are decided on a case by case basis. This legal concept often makes many litigants very upset and some even enraged. Your case could be exactly like your neighbor’s case who had his

All About NJ Family Court Motions

1. What is a motion?A motion is simply an application to the family court. Motions can ask for an endless array of different types of relief. The most common grounds for relief are to increase or decrease child support, to emancipate a child, to compel the payment of health related

Asset Tracing

1. What role does asset tracing have in a divorce case?In most divorces the couples come to court with all sorts of assets. Some of the assets are titled jointly, some are shared, and are never intended to be shared. Asset tracing is simply the process of the documentation and

Bank Account Seizures

Are you worried that someone who has a judgment against you will go after your bank account? Many of my clients are petrified and live in constant fear that their hard earned savings will be zapped by a creditor if they leave it in their bank account. However, there are

Bankruptcy Misconceptions

Misconception #1: Bankruptcy is dishonest. Not true. Most people honestly want to pay their bills. Sometimes things happen that make it impossible. Bankruptcy is a legal right that is provided for in the United States Constitution. Bankruptcy is a right that protects honest people who are unable to pay their bills

Boating Under the Influence

As the population grows in New Jersey more and more citizens use the rivers, bays and oceans each weekend for recreational boating activities. The huge number of sailboats, powered vessels, personal watercraft, and part fishing boats that can be seen at the seashore and on the lakes during each summer

Chapter 7 - Getting a Fresh Start

GETTING A FRESH STARTIf you are unable to pay your existing debts, then a Chapter 7 may be the answer for you. In a Chapter 7 bankruptcy a person wipes out all of their debt and they get a "Fresh Start." This is accomplished by liquidation. In other words, the

Child Custody and Religion

1. When parents of different faiths separate, how do courts decide whose religion the children will follow?In today’s world, there are more interfaith marriages than ever before. New Jersey is becoming more multi-cultural each and every generation. As a consequence, our citizens often fall in love and get married to

Child Custody FAQ's

1. What are the different types of custody?Custody can be divided up into two parts, legal custody and physical custody. Legal custody means that the parent has the ability to make the major decisions about the child’s health, education, safety and welfare. Physical custody refers to which parent the child

Child Support FAQ's

1. What is the child support?Every child is entitled to support from his parents. The New Jersey child support guidelines are based on the theory that child support is determined in proportion to the parent’s income and assets as well as the child’s needs. All parents, whether natural or adoptive,

Choosing the Right DWI Lawyer

Finding a lawyer who is experienced in handling DWI's should be your top priority. DWI laws are constantly changing and the consequences of a conviction are becoming harsher and harsher, not to mention the negative impact of being labeled a criminal for the rest of your life.If you have never

Common Police Mistakes in DWI Cases

1. The police make an unconstitutional stop of your vehicle.The police can’t stop your vehicle on the basis of an anonymous call, or if there is no probable cause. In most cases, the police must stop the driver for some type of moving violation to justify the DWI arrest. If

Death & Divorce

1. Why is life insurance such an important consideration in a divorce case?One of the main considerations in any divorce case is life insurance. If a father or a mother dies then how can the child support be paid. Moreover, if a dependent ex-wife relies on alimony to survive, it


AppealsA driver can appeal their conviction in the Law Division, Criminal Part of the Superior Court. A driver has 20 days to file an appeal. The driver must also pay a filing fee of $50, and pay for the transcripts which cost about $200. The time limits to file an

Domestic Voilence FAQ's

1. What is the Prevention of Domestic Violence Act?The Prevention of Domestic Violence Act applies to a person 18 years of age or older or a person who is an emancipated minor that has been subjected to domestic violence by a spouse, former spouse, or any other person who is

DWI MVS Surcharges

The New Jersey Merit Rating Program, created by N.J.S.A. 17:29A-35 requires Motor Vehicle Services to collect insurance surcharges from motorists whose driving records include certain motor vehicle offenses. The surcharges are in addition to any court-imposed fines and penalties, or any premium or surcharge fees assessed by insurance companies.Surchargeable events

Elder Abuse

1. How is elder abuse a problem in the United States?Approximately one million elderly Americans are victims of abuse, mostly women over the age of 75, often by their own caretakers. Elders who depend on relatives or neighbors find it hard to protect themselves against this abuse. Often, abused elders

I was arrested years ago but didn’t have jail time. Can I remove the record?

Do I have a record and if so is there anything I can do about it?Even if you were wrongfully arrested you will have a record. It will be an arrest record not a conviction record, but a “record” nonetheless. If you only paid a fine you must have been

Martial Tort FAQ's

1. What is a marital tort? Basically, a tort is a civil wrong, for which the court will provide a remedy in the form of an action for damages. Torts may be intentional, negligent or reckless. They may result in any number of physical or emotion injuries and they also include

Medical Bills and Bankruptcy

1. Are medical bills dischargeable in a bankruptcy?Medical bills caused after a temporary illness, or medical debt that has skyrocketed because of a chronic medical problem(s) can force many New Jersey-ites to the brink of financial ruin. Many New Jersey-ites find themselves in massive debt because of a serious illness

New Jersey Intoxicated Driver Resource Center

If a driver has been convicted of an alcohol or drug related traffic or boating offense in New Jersey, then he must satisfy the requirements of the Intoxicated Driving Program (IDP) and the Intoxicated Driver Center (IDRC).The Intoxicated Driving Program is a unit of the Division of Addiction Services of

No-Fault Arbitration

When an individual is injured in an automobile accident, other than with a commercial vehicle or a motorcycle, it is imperative that all medical bills incurred as a result of the injuries sustained are addressed, in conjunction with any possible personal injury litigation.  No-Fault Arbitration, which is a binding arbitration

Nursing Homes Assisted Living & Other Facilities

1. What are the rights of nursing home residents?Nursing homes provide nursing, rehabilitative and health-related care and services that cannot be provided outside an institutional setting. Residents of a nursing home have the same rights as they had when they lived in an apartment or their home. They pay the

Social Media and the Family Court

1. How does social media websites effect a divorce case?Over the last five years or so, evidence from Facebook, Twitter, MySpace, blogs and other social media has been used in all types of family law cases. Social media evidence is now routinely used in divorce cases, alimony reduction/Lepis hearings, child

Social Security Income and Bankruptcy

If you are receiving social security income, and if you need to file for bankruptcy, then contact the New Jersey Bankruptcy Center. We can answer all of your questions about bankruptcy and social security income at a free bankruptcy consultation. Moreover, many New Jersey-ites who receive social security income, and

Speeding Ticket FAQ’s

1. How do the police measure a driver’s speed?Generally, police use the following methods to catch you speeding:A visual estimate. The officer sees your car and estimates how fast you are going.Pacing. The police officer follows your vehicle at the same speed you are traveling and checks the police car’s

The Bankruptcy Means Test

A. The Bankruptcy Means TestUnder the old bankruptcy law, almost any citizen of the United States could file for a chapter 7 or a 13. Before the law change, any debtors whose debts were primarily consumer related were only subject to scrutiny by the trustee or the bankruptcy court. Under

The Point System

The MVC keeps track of individual driving records through a point system that assigns points to each traffic violation, moving or otherwise. The more serious the violation, the more points added to a driver’s records.Two points will be added to driving records for offenses committed in states that belong to

Top Twelve Reasons Why People File for Bankruptcy

1. Eliminate the Legal Obligation to Pay Most of Your Debts.This process of wiping the slate clean is called the discharge of your debts. The goal of a bankruptcy discharge is to wipe out your debts to give you a fresh start. Whether it is through a straight bankruptcy that

Unmarried Relationships

1. Is there a “common law” marriage in New Jersey?There was a time when living together in a long-term relationship and acting as husband and wife was considered under the law to be equal to marriage. That was called common law marriage and it was abolished by statute in New

What you should know about traffic tickets

A DRIVER CAN LOSE THEIR DRIVER’S LICENSEIn New Jersey a traffic ticket is not a simple case. It is a big mistake just to pay the traffic summons just to get the case over with. The MVC also known as the DMV, will put points on your driving record. If

When Should I Contact a Bankruptcy Lawyer?

Are you behind on your bills? Are you up to your neck in debt? Do bill collectors call you at morning, noon and night? Do you receive collection calls at work and then have panic attacks? Do you cringe when you open the mail? Is all of your mail the

Which Debts Are Wiped Out in a Bankruptcy

1. Which debts are dischargeable in a bankruptcy?Not all debts can be discharged in a chapter 7 case. Some debts simply can’t be wiped  out in a bankruptcy. These debts will remain valid and collectible, just as they were before you filed for bankruptcy. To fully understand exactly what bankruptcy

Wiretapping and Divorce

1. Can a person record or tape a conversation of his or her spouse?Pursuant to federal and state wiretapping statutes, a person is legally permitted to record and tape a conversation only if the person who is doing the recording or taping is a party to the conversation. A person