New Jersey Family Law Blog

Divorce Issues Can Linger Long After the Final Decree Is Signed

January 26, 2015 | Kearns Rotolo Law

January is often referred to as “Divorce Month” by some relationship professionals, while others think a more accurate description would be the month in which people start researching their options. In either case, there seems to be an increase in divorce activity, whether it’s initial inquiries or actual filings, at the start of a new year. In fact, the first Monday of the month sees an increase in divorce filings, which continues throughout the month.⁽¹⁾

The reasons behind this phenomenon range from the emotional to the practical. The holiday season plays a big role in the decision making process for many couples. People postpone taking action because they don’t want to:

be alone for the holidays;
break up the family during what should be a happy time; or
appear cold and heartless for leaving their spouse during the holiday.

For others January is synonymous with a new start; it is a time for doing away with the old and starting something new.

Tax and financial issues pose more practical reasons why people wait until January to begin taking action towards their divorce. Because if they are legally married for even a short-time in the year, some couples can reap the benefits of filing joint tax returns. Also, some companies distribute employee bonuses in January and these bonuses can be claimed as assets by a spouse, possibly increasing the amount of a distribution his or her partner is entitled to. ⁽²⁾

Divorce is not an overnight process as most people realize. The time from which a person begins to entertain the possibility of divorce, until he or she begins to do serious research and ultimately files for divorce can take months. In fact, research shows that while divorce activity seems to spike in January, it peaks in March.(1) Once the petition for divorce is filed, getting a court date and negotiating a settlement takes more time. Continue reading ›

When Decisions Regarding Medical Treatment Are Not Ours to Make

January 12, 2015 | Kearns Rotolo Law

The Connecticut Supreme Court last week upheld a lower court ruling forcing a 17-year-old cancer patient to undergo chemotherapy treatments despite her expressed objections to the treatments because, the court stated, the girl’s attorneys had failed to prove that she was mature enough to make such decisions.⁽¹⁾

This ruling has garnered much debate over when a person, particularly a minor, has the right to make decisions regarding his or her medical care. In most cases, the parents of minors, (i.e., children under 18) are responsible for making decisions relating to their child’s medical treatment. However, there are circumstances where states may step in and make those decisions in place of the parents. Such is the case in Connecticut.

According to reports the girl, identified only as Cassandra C., was diagnosed last September as suffering from Hodgkin’s lymphoma, which has been described as a serious yet highly curable form of cancer. Following her diagnosis, the girl underwent surgery to have part of her lymph nodes removed. Doctors recommended that this procedure be followed by chemotherapy treatments. According to medical experts, chemotherapy treatments have an 80 to 95% cure rate for this form of cancer. Without the treatments, however, they say Cassandra is likely to die within a couple of years.⁽¹⁾

Despite this prognosis, Cassandra expressed concerns about the long-term effect the chemotherapy could have on her internal organs and her fertility and refused the treatments. Her mother reportedly supported her decision.⁽²⁾

The law requires doctors to report cases of suspected child abuse and neglect. In this case, Cassandra’s mother’s support was seen as tantamount to abuse in light of the doctors’ prognosis for her child’s chances of survival without the chemotherapy treatments. Doctors referred the case to Connecticut’s Department of Children and Families (DCF), which took the matter to the Connecticut Superior Court. The court ruled in favor of DCF, granting that agency temporary custody of Cassandra and, as a result, the authority to make decisions regarding her medical treatment.⁽²⁾ Continue reading ›

A Look at Stepparent Rights

December 29, 2014 | Kearns Rotolo Law

Earlier this month, a blog written by Candice Curry and titled “An Open Letter to My Daughter’s Stepmom” gained mass media attention for dispelling the myths of the “evil step parent” and exploring the difficulties and benefits of co-parenting.⁽¹⁾ Material such as this leads to the question, what are the rights of stepparents?

Without legal custody, a stepparents’ rights generally are very limited. Even in cases where the child’s biological parents designate the stepparent to handle issues pertaining to the child’s health or education, medical professionals including hospitals and school authorities are not required to provide the stepparent with information or to carry out his or her instructions regarding the child.⁽²⁾ Stepparents also do not have the right in a divorce proceeding to seek custody of a child over that child’s biological parent, except in extreme cases where the stepparent can demonstrate that child abuse has occurred. While courts almost always will grant custody of a child to a blood relative, if a stepparent is the only remaining parent and has built a strong relationship with the child, courts could possibly grant custody to the stepparent.⁽³⁾

In New Jersey, there is precedence for “third parties” being allowed contact with or awarded custody of a child. Although this is typically associated with grandparents, it can apply to stepparents as well. In order to be awarded custody, however, a stepparent would need to prove that terminating his or her relationship with the child would be harmful to that child, a higher standard than the “best interests of the child” standard typically considered in custody matters.⁽⁴⁾

While their rights are limited, stepparents do have the responsibility for assuring proper treatment of the child and to offer support to the child while the child is living with him or her. However, the income of the stepparent is rarely taken into consideration by courts when determining child support amounts, nor is the stepparent expected to provide support while the child is living outside the stepparent’s home.⁽²⁾

The legal relationship between stepparent and child changes in the event of adoption. Adoptions by stepparents, which is the most common type of adoption in this country, most often occur when the child’s non-custodial parent remarries and that parent is unable, unwilling, or found to be legally unfit to continue parenting his or her child.⁽⁵⁾ Continue reading ›

Court Ruling Could Clarify Employers’ Responsibilities toward Pregnant Employees

December 15, 2014 | Kearns Rotolo Law

The U.S. Supreme Court is set to hear a case this month that could clarify what responsibilities employers have to their pregnant employees. At the heart of their decision is the determination of whether the Pregnancy Discrimination Act adopted in 1978 requires employers to treat pregnant workers like every other employee or like other workers with restrictions, such as temporary injuries.⁽¹⁾

The case involves Peggy Young who sued her former employer, United Parcel Services (UPS), under the Pregnancy Discrimination Act for refusing to make accommodations for her condition despite medical recommendations. According to that lawsuit, Young was a part-time driver for UPS when she became pregnant in 2006. Young’s job involved the pick-up and delivery of packages – mostly small packages and envelopes – between an airport shuttle and local businesses and homes. While UPS employment guidelines state that drivers are required to be able to handle packages up to 70 pounds, the packages handled by Ms. Young rarely weighed in excess of 20 pounds.⁽¹⁾

When she learned she was pregnant, Ms. Young presented her employers with a medical note recommending she not lift packages over 20 pounds in her condition. According to the lawsuit, UPS found that Ms. Young did not qualify for light duty accommodations under company guidelines. UPS policy allowed for employees who had suffered job-related injuries and certain other employees who were injured or sick and covered by the Americans with Disabilities Act (ADA) to be put on “light duty.” Noting that her condition was neither work-related nor covered under the ADA, UPS refused to allow special accommodations and instead put Ms. Young on unpaid leave for the duration of her pregnancy. That move caused Ms. Young to lose her medical benefits as well as her salary, the suit stated.⁽²⁾

The Pregnancy Discrimination Act was designed to make sure pregnant women and those that had just given birth were treated equally in employment-related issues as other non-pregnant employees with similar work abilities and inabilities. Prior to adoption of the Act, pregnancy was often grounds for termination because pregnant women were not given any special protections under anti-sex discrimination laws.⁽²⁾

Arguments supporting Ms. Young state that if UPS’ business policy allows for “light duty” accommodations for other employees who either were injured on the job, covered under ADA guidelines or lost their driving privileges according to Department of Transportation regulations, the company should allow the same accommodations for pregnant workers. Opposing views argue, however, that UPS has created a “pregnancy blind” policy, meaning their guidelines treat pregnant workers no different than other employees and point out that neither the Pregnancy Discrimination Act nor the ADA mandates special accommodations for pregnant workers.⁽³⁾ Although UPS maintains that this policy was in keeping with the law, it has announced that beginning next year, the company will offer “light duty” accommodations to its pregnant employees.⁽²⁾ Continue reading ›

Another New Jersey Child Sues Parents for College Tuition; Lawmaker Seeks to Prevent Future Cases

December 1, 2014 | Kearns Rotolo Law

New Jersey once again is grappling with the issue of how far parents’ financial obligations toward their children should go, particularly in relation to paying for their higher education. At least one State lawmaker is looking at ways to keep such decisions within the family and out of the courtroom.

In a legal battle that began last year, Caitlyn Ricci, a 21-year-old New Jersey resident, filed a lawsuit against Maura McGarvey and Michael Ricci, her divorced parents, seeking to force them to pay for her college tuition. Last month, a judge ruled in her favor citing a 1982 New Jersey Supreme Court ruling that made divorced parents financially responsible for the college education of their children.⁽¹⁾

Ms. Ricci’s case was originally filed in 2013 soon after she left her mother’s home and moved in with her paternal grandparents. At that time, Ms. Ricci’s parents were ordered to pay their daughter’s tuition at Gloucester County College, a public State school, provided Ms. Ricci applied for available scholarships and loans to help defray the costs. According to reports, the parents did not pay the tuition because their daughter did not meet her court-ordered obligations. This past summer, Ms. Ricci transferred to Temple University in Philadelphia, PA, and returned to court asking that her parents be forced to pay her tuition, which now amounts to $26,000 a year.⁽¹⁾

In hearing the case, the judge referred to Newburgh v Arrigo, the 1982 State Supreme Court case that decided divorced parents are responsible for providing college educations for their children, and ordered Ms. Ricci’s parents to pay $16,000 of her Temple University tuition bill.⁽¹⁾

This case is reminiscent of another case that made headlines earlier this year involving a then high school student, Rachel Canning, who went to court seeking emancipation and support from her estranged parents. That support was to include the continued payment of her private high school tuition costs, as well as payment of her future college tuition. That case eventually was dropped and Ms. Canning returned home to her parents’ house before moving to college this past fall.⁽²⁾ Continue reading ›

‘Gray Divorce’ Rates Are on the Rise

November 17, 2014 | Kearns Rotolo Law

The U.S. continues to hold the highest divorce rate out of any other country with an estimated 45% of unions expected to end in divorce, according to a study released last month. And while this rate has remained relatively steady for the past 20 years, what is on the rise is the number of divorces among the 50-plus age group.⁽¹⁾

According to the study, entitled “Gray Divorce: A Growing Risk Regardless of Class or Education,” about a quarter of all divorces in the year 2010 involved couples age 50 or older. In fact, the study pointed out the divorce rate for couples in this age group has doubled in the two decades between 1990 and 2010. While one in every four couples divorcing today is over age 50, one out of every ten is over age 64.⁽²⁾ An article in the November 2014 “AARP Bulletin” pointed out that the reasons behind these divorces are much the same as those for any other couple’s divorce regardless of age: general discontent, boredom, built-up grudges, the search for a different kind of life; falling out of love with your spouse or into love with someone else. The reasons why the divorce rate among this age group is increasing while the divorce rate among their younger counterparts remains steady is another story.

The study cited above suggests that one reason is this age group was the first generation to divorce and remarry in large numbers when they were younger and now as they near their retirement age, they are in their second or third marriage. Traditionally remarriages have been less likely than first marriages to succeed. Other reasons behind the rising rate, according to the study, include divorce having less of a social stigma than it did in the past, and people of that age group, particularly the women, having more financial resources available to them.⁽²⁾

Divorce over 50 does present its own set of obstacles for couples to overcome. Because these couples have been involved in long-term relationships, they have had the time to acquire more financial assets – and debts – than their younger counterparts, and have to deal with the distribution of retirement assets and the divvying up of businesses and real estate holdings, as well as debt in the form of joint credit cards and loans.⁽³⁾

Retirement is a major issue for these couples. Because they are nearing retirement age, there is little time for them to recoup financial losses or overcome financial hardships. Divorce itself can put a strain on any bank account – legal fees, counseling expenses, and sole responsibility for previously shared expenses all add up at a time when these couples are moving past their peak earning years. The “AARP Bulletin” cited data showing that after divorce the average income for a man drops about 23% and for a woman by about 41%. Added to this is the fact that retirement costs are significantly higher for divorced individuals than for couples. In fact, retirement costs were 40% to 50% higher on a per-person basis for divorced couples than for married couples.⁽³⁾ Continue reading ›

Teens Join State Lawmakers in Efforts to Reduce Suicide Rate among Young Adults

November 3, 2014 | Kearns Rotolo Law

Although New Jersey ranks among the three states to claim the lowest suicide rate, suicide does remain a serious issue that has been attracting a lot of attention lately. Among the groups working to increase awareness of this growing problem is the group most affected by it – teens and young adults.⁽¹⁾

According to the Center for Disease Control (CDC), statistics compiled in 2010 showed that suicide ranks second as the leading cause of death for people between the ages of 10 and 24. A Youth Risk Behavior Survey conducted in 2011 disclosed that one out of every seven high school-age students in the U.S. has either attempted or considered suicide.⁽¹⁾

These sobering statistics have led other young adults in New Jersey to take action to raise suicide awareness. Keystone Club members from the Boys and Girls Club of Jersey City were instrumental in preparing a bill currently being considered by the State legislature.⁽²⁾

The “Boys and Girls Club’s Keystone Law” would allow minors to get help from therapists and social workers without prior consent of an adult, much like existing bills which allow teens and young adults to receive treatment for alcohol or drug abuse, sexual assault, certain sexually-transmitted diseases, HIV and AIDS without adult consent. The bill, if passed, would add New Jersey to the list of 16 other states with similar laws on their books.⁽²⁾

The CDC stated that one out of every three deaths in the 10 to 24 age group is due to suicide. Based on these numbers, it estimates there will be about 2,000 suicides and 5,000 attempted suicides each year by this age group. The Keystone group believes that giving minors direct access to treatment will help them overcome the stigma that too often keeps them from seeking the help they need.⁽²⁾

Custodial Grandparents Can Take Steps to Formalize Relationships with Their Grandchildren

October 20, 2014 | Kearns Rotolo Law

A recent Woman’s Day magazine article discussed “grandfamilies” or households in which grandparents fill the role of parent for their grandchildren and how these situations are becoming more common. The article cited a number of factors contributing to the need for this arrangement, including a rise in drug use between 2002 and 2012; a 25% jump in the number of young parents imprisoned between the years 1997 and 2007, and a recent recession which left many people without work. Whatever the reason, there are more grandparents parenting their grandchildren than one may think.⁽¹⁾

The 2010 Census showed that one out of every ten children in this country lives with a grandparent. That Census also disclosed that in the U.S.

7 million grandparents have at least one grandchild under the age of 18 living with them;
Of those grandparents, 2.7 million were caregivers, meaning they were in charge of providing the basic needs for their grandchildren;
A little more than half of the caregiving grandparents – 1.7 million – were still actively employed;
About 670,000 of those caregiving grandparents had a disability.⁽²⁾

Custodial grandparents come from all walks of life representing all socio-economic strata and ethnicities. And, while stepping up to fulfill a need in a child’s life may be admirable, it does not come without risks.

Oftentimes these arrangements occur when parents face some type of tragedy – loss of job, imprisonment, addiction – and, when these troubles are resolved, they look to regain custody of their children, sometimes leading to contentious or strained relationships between parent, child and grandparent. In order to preserve their relationships with their grandchildren, custodial grandparents are often urged to legalize these relationships.⁽³⁾ Continue reading ›

As Nation Observes Domestic Violence Awareness Month, NJ Lawmakers Debate Bill to Track Abusers

October 6, 2014 | Kearns Rotolo Law

Almost five months after it was due, the State’s Attorney General’s Office issued its report on a proposed bill that would allow for electronic monitoring of certain offenders convicted of domestic violence. The report casts doubt on how reliable the program would be and raises issues about its cost.⁽¹⁾

Lisa’s Law, named after Letizia Zindell, a Toms River woman killed by her former fiancé in 2009, calls for the monitoring of certain domestic violence offenders by use of a GPS system that would warn their victims if they were in close proximity. For the monitoring system to work, both abusers and victims would be equipped with a GPS devise. The law was to be tested with a pilot program in Ocean County.⁽¹⁾

The bill won unanimous approval by State lawmakers at the end of last year, but was conditionally vetoed by Gov. Christie pending review by the State Attorney General to establish if the necessary technology was available. Although the report was due this past May, it was not released until October 1.⁽²⁾

In the report, the Attorney General pointed out that a similar monitoring system is already used by the State’s parole board to track certain offenders deemed to be high-risk and expressed concern with increasing the program to include both offenders and victims of domestic violence. Among areas of concern addressed were the unreliability of the necessary technology, which could give victims a false sense of safety, and the possibility the devices could be used by both offender and victim to harass each other. The report also raised questions about the willingness of victims to be monitored and the cost-effectiveness of the program. It was estimated that the pilot program alone would cost up to $2.4 million to implement.⁽²⁾

Assemblyman Troy Singleton, a Democrat from Burlington County, questioned the thoroughness of the research behind the report, noting it only cited examples from three counties located in Kansas, Minnesota and Missouri to back up its findings. Mr. Singleton, who together with Assemblyman Ron Dancer (R-Ocean County) has re-introduced the bill, cited a contrasting study conducted by the U.S. Department of Justice in 2012. According to that study, 149 out of 616 respondents representing 43 states, the District of Columbia and Puerto Rico used GPS technology to monitor domestic violence offenders.⁽²⁾ Continue reading ›

Governor Signs Revisions to State’s Alimony Laws

September 22, 2014 | Kearns Rotolo Law

Governor Chris Christie recently signed into law long-debated changes to the State’s alimony laws. The new laws represent the first significant changes to a system which, for years, has been criticized as being too harsh and outdated.⁽¹⁾

One of the major changes is the elimination of permanent or lifetime alimony. Under the new law, paying spouses can request their obligation end, or at least be modified, once they reach age 67, which is the federally recommended retirement age. A major criticism of the old law was that paying spouses often were forced to continue working well after reaching a reasonable retirement age in order to meet their court-ordered alimony obligations.⁽²⁾

The new law also imposes a limit on the duration of alimony payments in marriages that lasted fewer than 20 years. With the change, alimony payments awarded for such unions now cannot be ordered for longer than the term of the marriage. The law does, however, allow judges to order extended payments under certain exceptional circumstances.⁽²⁾

Another significant change is the ability for paying spouses to petition the court for a modification of their payment obligations when faced with the loss of a job. Under the previous law, the paying spouse usually had to be out of work for at least a year before a judge would consider a request for modification. Under the new law, such modifications could be requested if the paying spouse is out of work for three months.⁽²⁾

Additionally, the amended law makes it easier for the paying spouse to seek an end to payments, if the receiving spouse begins living with another person, with the inclusion of more specific guidelines about what constitutes cohabitation.⁽²⁾ Continue reading ›