New Jersey Family Law Blog

Alimony Reform Bill Wins State Assembly Approval

June 30, 2014 | Kearns Rotolo Law

alimony%20reform.jpg The New Jersey Senate today approved a bill designed to reform the State’s outdated alimony laws. The bill, which won State Assembly approval last week and would impact future divorce agreements if adopted, represents a compromise of various proposals State lawmakers have been considering for more than two-and-a-half years.⁽¹⁾ And, although it did not satisfy all elements the various interest groups involved sought, the proposed bill does address a number of concerns not provided for under the State’s current alimony laws.⁽²⁾

One of the biggest changes contained in the proposed bill is the elimination of the term “permanent alimony” which has been a major source of confusion. That term would be replaced with “open duration alimony” and courts would be provided with a specific list of factors to consider in determining the length of an alimony award and the circumstances under which payments could be terminated on a case-by-case basis. The factors to be considered include:

• The age of the parties when they married and separated;
• The ability of each party to maintain a standard of living;
• The need for separate residences;
• The level of dependence of one party on the other; and

• Any health or related issues of either party.⁽³⁾

Waiting to Walk Down the Aisle Presents Unique Issues for Couples to Consider

June 16, 2014 | Kearns Rotolo Law

married%20hands.jpg Waiting to marry appears to be a growing trend in this country and one that is expected to continue for the forseeable future. The average age for women marrying for the first time is approximately 27 years, while for men it is about 29 years, according to a recent article in AARP Magazine.⁽¹⁾

One reason behind this trend is that other events traditionally considered signs of adulthood are being postponed. Young people are waiting until they complete their education and establish themselves in the workforce before settling down. This in itself is taking longer as more people, especially women, are staying in school to pursue advanced degrees. Other contributing factors are alternative methods for starting families (i.e., adoption, surrogacy), and the fact that most people no longer believe marriage is essential to financial security.⁽²⁾

Proposed Bill Would Provide Caregivers with Information, Training Needed to Care for Family Members

May 30, 2014 | Kearns Rotolo Law

A new bill heading to the New Jersey State Senate for consideration would make it easier for caregivers to attend to patients upon their release from the hospital and, hopefully, cut down on the number of re-admissions.⁽¹⁾

The bill, which won approval by the State Assembly last month, would allow patients to designate a specific caregiver to assist them upon their return home. The hospital then would be required to include the name of the designated caregiver and his or her contact information on the patients’ medical charts. Furthermore, hospitals would be required to inform designated caregivers of their patients’ pending discharge and provide details of the patients’ post discharge care instructions along with any training needed to carry out those instructions. Hospitals would also be required to provide caregivers with the opportunity to ask questions regarding their charges’ care; provide answers to those questions; and provide a contact qualified to answer additional questions that may arise at a later time.⁽¹⁾

Appellate Court: Judge’s Ruling Protected Kids; Did Not Violate Mom’s Rights

May 19, 2014 | Kearns Rotolo Law

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A Hunterdon County woman lost her appeal of a New Jersey judge’s ruling preventing her from mentioning her ex-husband or children in any of her online posts. That ban was imposed as part of the woman’s probation for a custody agreement violation. ⁽¹⁾

This case highlights the seriousness with which New Jersey courts view infringement of child custody arrangements. According to reports, the woman was charged with violating the custody agreement between her and her ex-husband and with attempted kidnapping of her children after taking them from New Jersey to New York, with the intention of eventually taking them across the border into Canada. She pleaded guilty to the custody agreement violation and, in return, the kidnapping charges were dropped. In response to the woman’s guilty plea, she received five years’ probation, the terms of which included a prohibition against writing anything online about her family. She was also prohibited from having contact with her children and her ex’s family. ⁽¹⁾

New Bill Allows Adoptees Access to Birth Records; Offers Privacy Protection to Some Birth Parents

May 5, 2014 | Kearns Rotolo Law

birth%20records.jpg It took more than 30 years, but New Jersey lawmakers may have finally reached a compromise that satisfies both adoptees’ right to know and their birth parents’ right to privacy. That compromise is the basis for a bill which, last week, won conditional approval from Gov. Chris Christie, and now awaits final approval by both the State Senate and Assembly next week. ⁽¹⁾

Gov. Christie announced he would sign the bill provided it allowed a “suitable” period of transition for parents of birth children adopted before August 1, 2015 to decide if and how they would like to be contacted. He recommended that the law not take effect until after December 31, 2016 in order to accommodate this. Usually laws take effect six months after being signed. ⁽¹⁾

Restraining Orders Don’t Go Away Until Rescinded by the Court

April 21, 2014 | Kearns Rotolo Law

restraining%20order%20arrest.jpg Restraining orders don’t just go away. That’s the lesson one New York couple learned after a routine traffic stop in New Jersey led to the driver’s arrest on contempt of court charges stemming from violation of an outstanding protection order.

Earlier this month, Clinton Township Patrolman John Tiger stopped a vehicle for failure to use a turning signal as the driver turned off of Route 31 into a business, according to news reports. During that stop, Officer Tiger discovered there was an outstanding order for protection, or restraining order, against the driver. He also learned that the person who sought the restraining order was the passenger in the car at the time of the traffic stop. However, she informed the police that she had changed her mind about the order and thought that it would “just go away.” ⁽¹⁾

Enforcing Alimony Payments across State Lines

April 7, 2014 | Kearns Rotolo Law

state%20map.jpg When alimony is awarded as part of a legal separation or divorce settlement, it becomes a legally binding agreement enforceable by the court. As such, the receiving spouse has recourse if and when the paying spouse fails to meet his or her payment obligation. Usually, this involves filing a petition with the court that issued the order to have the obligation enforced, assuming both parties still live within the jurisdiction of that court. What happens if the paying spouse moves to another state?

The Uniform Interstate Family Support Act (UIFSA), originally drafted in 1992 and amended as recently as 2008, was designed to ensure that orders of family support were honored across state borders. ⁽¹⁾ Although the Act primarily enforces the payment of child support, it also covers spousal support or alimony. ⁽²⁾

Court Paves the Way for Parents to Share in Liability for Their Children’s Harassing Behavior

March 24, 2014 | Kearns Rotolo Law

In 2011 New Jersey adopted its Anti-Bullying Bill of Rights in response to the Federal Government’s efforts to protect people, especially children, from this growing problem. Since then, schools have been responsible for addressing claims of bullying and harassment against their students to the point of monitoring even those activities that occur off campus but have the potential of affecting children when in school. Now, two Hunterdon County school districts are asking that the families of alleged bullies, as well as the bullies themselves, share in that accountability. ⁽¹⁾

A New Jersey Superior Court Judge recently refused to deny a motion filed by the Hunterdon Central High School and the Flemington-Raritan school districts requesting that if the districts are found liable for the harassment of one of their students, the bullies and their parents share the liability. Both districts are the subject of a lawsuit originally filed in February 2013 claiming they failed to take sufficient action to stop harassment toward one of their students. According to the lawsuit, the bullying began while the student was in fourth grade and continued through high school and involved both verbal and physical harassment. The lawsuit further claims that the harassment led to the victim developing health issues that required hospitalization for three months. ⁽¹⁾

Case Addresses How Far Parents’ Financial Obligation to Children Should Extend

March 10, 2014 | Kearns Rotolo Law

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A current New Jersey case involving a Morris County high school girl who is suing her parents for support brings to light several questions regarding family law:

• Can and should courts interfere with parents’ rights to raise their children as they see fit?
• How far do parents’ financial obligations to their children extend?

• What defines an emancipated youth?

The case in question involves 18-year-old Rachel Canning who moved out of her family home after a disagreement over her parents’ rules and restrictions. Now Rachel is suing her parents for support, including continued payment of her private high school tuition and future college tuition. ⁽¹⁾

Another Attempt to Grant Adoptees Access to Medical History under Consideration

February 24, 2014 | Kearns Rotolo Law

medical%20records.jpg Efforts to provide New Jersey adoptees with access to their medical and genealogical histories while protecting biological parents’ rights to privacy are under way once again. ⁽¹⁾ This time, however, lawmakers hope they have found a workable compromise.

The latest revisions to a bill first introduced in 1980 are expected to be voted on by both the State Senate and the Assembly this week. ⁽²⁾ The revision would grant adoptees access to their birth certificates, including the identities of their biological parents, so that these adoptees would have open-ended access to family medical histories. As for the biological parents, the bill would allow them to stipulate whether or not they wish to be contacted. Those opting not to have any contact with the child they surrendered for adoption would be required to provide a detailed medical history and urged to update that history on an as-needed basis. ⁽¹⁾