New Jersey Family Law Blog

How Divorce May Affect Your Tax Filing Status

March 21, 2016 | Kearns Rotolo Law

April 15, the tax filing deadline, is quickly approaching. You’re newly divorced – or in the process of becoming so – and ready to file your individual tax return. Not so fast. There are a few things to remember about divorce and your tax filing status.

For tax filing purposes, if your divorce was not finalized prior to year-end, you are still considered married for the year in the eyes of the Internal Revenue Service, even if you and your spouse were living separately. As a result, your filing status for the year is married; you have the possibility of three options for filing your 2015 income taxes: married filing jointly, married filing separately or, possibly, filing as head of household. Read “What to know when filing taxes and getting divorced” for more information.

Divorce and Its Effect on Surrogacy Arrangements

March 7, 2016 | Kearns Rotolo Law

While they were married, actress Sherri Shepherd and her now estranged husband, Lamar Sally, entered into a surrogacy agreement with a Pennsylvania woman when they decided to start a family. Before that baby was born, however, the couple filed for divorce (he in California and she in New Jersey), and Ms. Shepherd was ordered to pay support the child. Ms. Shepherd sought to have the surrogacy agreement voided. A Pennsylvania court denied her request and, more recently, the Pennsylvania Supreme Court upheld that ruling. See “Actress Sherri Shepherd loses surrogacy case, paying support.”

For some couples facing fertility issues and other factors that prevent them from beginning a family by traditional means, surrogacy is a viable solution. But it is a very complicated arrangement with many gray areas. NJ state lawmakers last year grappled with a bill that would have clarified matters for couples entering into “gestational carrier” agreements with persons willing to bear their children for them. See “N.J. Senate approves bill expanding definition of surrogate parenting.” That bill, however, was vetoed by New Jersey Gov. Chris Christie last July, leaving surrogacy arrangements a very tenuous solution.

Tri-Parenting: Deciding Custody Issues in Non-Traditional Families

February 22, 2016 | Kearns Rotolo Law

With the growing acceptance of surrogacy, same-sex marriage and unwed relationships, the definition of family is not so simple these days. There was a time when family meant mother, father and children; today there are not only biological parents, but surrogate mothers, adoptive parents, and even psychological parents. This new definition of family may have opened doors for non-traditional couples looking to create families, but it raises greater questions of who has the right to custody if and when these relationships dissolve.

A New Jersey case recently released for publication concerns a group of three friends – one female and two males – who entered into what has been coined a “tri-parenting arrangement.” According to reports, the friends agreed to conceive a child using the egg of the female and sperm of one of the males, making them the child’s biological parents. The male’s same-sex partner was considered the child’s psychological parent and given an equal role in the child’s upbringing. In the beginning, all went well but everything changed when the female sought to relocate from New Jersey to California and bring the child with her.

The ultimate decision of who had rights to custody of the child was left to a New Jersey family court, which decided the issue based on the best interest of the child. To read more, see “‘Tri-parenting’ in New Jersey family court.”

Has Alimony Reform Act Made It Easier to End Payments?

February 8, 2016 | Kearns Rotolo Law

The New Jersey Alimony Reform Act of 2014 was supposed to have clarified certain matters that existed under the State’s previous alimony laws, including how courts define cohabitation, one of the conditions under which alimony can be terminated. One New Jersey man is now testing whether or not this has been accomplished.

A Mendham, NJ man is asking the court to terminate his alimony obligations to his ex-wife claiming she is cohabitating with a new partner. The ex-wife, on the other hand, insists she and her boyfriend maintain separate homes and therefore are not cohabitating. Proving cohabitation under the old law required evidence showing an ex-spouse was sharing the same residence with a new partner. Under the Reform Act, however, a couple does not have to live together full-time in order to be considered cohabitating. Rather, a judge must consider eight conditions to determine cohabitation, including whether or not the couple share finances and responsibilities for household chores.

Will this change make it easier to prove cohabitation or just deter divorced people from dating for fear of losing support payments? To read more on this matter see, “When can ex-husband cut off alimony to former wife who has boyfriend?”

When Determining Grandparents’ Rights Courts Consider ‘Best Interest of the Child’

January 25, 2016 | Kearns Rotolo Law

In an ideal world, grandparents and grandchildren share nurturing relationships that can prove beneficial for both generations. Sometimes, however, rifts in the relationship between the grandparents and their own children and/or their children’s spouses can adversely affect the relationship between grandparent and grandchild. In extreme cases, the courts may be called upon to determine whether or not the grandparent/grandchild relationship can be saved. In those instances, it may fall to the grandparents to show proof that preserving their relationship with their grandchild would be in the best interest of that child. See the New Jersey law case Major v. Maguire.

Teens and Snow Shoveling: A Community Service or a Violation of the Law?

January 11, 2016 | Kearns Rotolo Law

It isn’t unusual in winter to see teenagers shoveling their neighbors’ sidewalks and driveways in exchange for a little extra spending money. In fact, most people would applaud these teens for their hard work. And if they take the initiative to schedule snow removal jobs in response to a snowy forecast, most people would congratulate them for their entrepreneurial nature; however, this advance scheduling could put them in danger of breaking the law. Some New Jersey lawmakers want to change that.

The State Assembly was expected to vote today on a bill, a version of which gained unanimous approval by the State Senate last May, allowing New Jersey’s teens to solicit snow removal jobs without regulation. This bill was drafted in response to an incident last January in which a couple of Bound Brook teens were stopped by local police from handing out flyers in their neighborhood announcing their snow removal services. According to reports, the teens were warned that their actions were in violation of the municipality’s anti-solicitation laws. To read more on this issue, read “Could your kids be breaking the law when it snows?”

Do Winter Coats Compromise Car Seat Safety?

December 28, 2015 | Kearns Rotolo Law

For decades now, statistics have shown that it is safer for young children to be in properly sized child safety seats when riding in the car. From time to time, news stories pertaining to car seat safety remind parents to make sure their car seats are properly installed and alert them to manufacturers’ recalls when faulty details are uncovered. Now there is a new car seat safety concern to be aware of.

According to recent reports, children wearing heavy winter coats may not be as securely fastened into their safety seats as parents may think. The fact is the very coats that are keeping children snug and warm could prove hazardous in the event of a car accident. For details and tips for correcting this problem, see “Car seat alert: Could wearing a winter coat endanger your child?”

Seeking Spousal Support? Here is What You’ll Need

December 14, 2015 | Kearns Rotolo Law

When it comes to divorce, the question of spousal support may be one of the most contentious issues couples can face. Initially there can be two extreme reactions: the spouse who wants a clean break and asks for absolutely nothing from his or her former partner and the spouse who wants to take their ex for every last penny. The reality is that a fair spousal support agreement falls somewhere in the middle.

In 2014, New Jersey lawmakers passed a bill that abolished “permanent alimony” and today the State recognizes four types of alimony or spousal support: temporary, limited duration, rehabilitative, and reimbursement. The goal of alimony or spousal support is to give both partners to the marriage the opportunity to adjust financially to their new, separate lifestyles. Often the role you held within your marriage helps to determine whether or not you are entitled to spousal support, the type and amount of spousal support you need, and how long you will need to receive that support in order to facilitate your adjustment.

In her article, “Making Your Case for Spousal Support,” Michelle M. Smith, a Certified Financial Planner and Certified Divorce Financial Analyst, offers tips on how to make your argument for spousal support and explains the documents needed to help substantiate your claim.

Deciding the Fate of Frozen Embryos in the Case of Divorce

November 30, 2015 | Kearns Rotolo Law

For couples coping with fertility issues, in vitro fertilization (IVF) can help dreams come true. IVF is a procedure through which human eggs are fertilized outside of the body and often frozen and stored for future use, making it possible for some couples who had difficulty conceiving to become biological parents nonetheless. Sometimes, however, relationships don’t work out as expected – couples go their separate ways; marriages end in divorce. In situations such as these, what becomes of the stored embryos?

This has been the question of several lawsuits, most recently a case in San Francisco, CA, which made national news. According to an msn.com article, “S.F. woman who sought to have embryos preserved loses legal case,” a California couple underwent the IVF procedure shortly before their wedding after learning the woman had cancer and that the intended treatment was expected to leave her infertile. While the woman survived her illness, the marriage did not last and a petition for divorce was filed in August of 2013, prompting the issue of the couple’s frozen embryos to come up.

The couple had signed an agreement with the reproduction center that performed the IVF procedure stating that the embryos should be given to the surviving spouse only upon the death of his or her partner; under any other circumstances, including divorce, the unused embryos were to be destroyed. Despite this agreement, the woman sought to protect her chance at becoming a biological parent and claimed the agreement was signed in haste.

Car Seats and Late-Model Cars: Looking for a Proper Fit

November 16, 2015 | Kearns Rotolo Law

Just as New Jersey parents were adapting to new car seat laws that went into effect this past September 1, a new study gives them something else to worry about – does their car seat even fit in their car?

The new car seat law, which we reported on here earlier this summer, was expected to clear up confusion for parents when deciding which model of car seat was most appropriate for their children. The new law outlined very strict guidelines for when to use booster seats versus car seats and which way to face the car seat according to the child’s age and size. Now a new study indicates that even if parents abide by all these regulations, their child’s safety may still be in jeopardy if the car seat does not properly fit the car in which it is being used.

According to a recent article on nj.com, dozens of tests were conducted only to find that some car restraint seats simply do not fit certain cars properly, posing serious consequences for children. One of the problems is that while cars are getting smaller, car seats are getting bigger and this discrepancy in size can affect the angle at which the car seat sits.