New Jersey Family Law Blog

Supreme Court Grants Marriage Rights to Gay Couples But Defers to States to Set Their Own Marriage Policies

June 28, 2013 | Kearns Rotolo Law

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In a landmark decision this week, the U.S. Supreme Court passed down a ruling that would give gay couples in state-sanctioned marriages the same federal rights and protection given to traditional married couples. This ruling overturned the Defense of Marriage Act (DOMA), signed into law by Pres. Bill Clinton in 1996, which, the Court said, violated equal liberties protected by the Fifth Amendment. (1)

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According to the federal government’s General Accounting Office, more than 1,100 rights and responsibilities are given to married couples in the U.S. These include Social Security and veteran’s benefits; health matters, such as Medicaid, insurance, family leave and hospital visitation; retirement and pension savings; estate taxes and immigration issues. Because DOMA recognized marriage as a union “between a man and a woman,” these rights and benefits offered to couples in traditional marriages were denied to those in same-sex marriages.(2) The Supreme Court’s recent decision changes that.

This decision, however, did not say that same-sex marriages must be recognized in all states. Only 12 states and the District of Columbia currently recognize same-sex marriages.(1) Other states, including New Jersey, recognize civil unions or domestic partnerships. Generally, these relationships carry rights that are recognized only in the states where the couples reside.

Use Diligence to Keep Children Safe around the Water

June 1, 2013 | Kearns Rotolo Law

Memorial Day has passed, temperatures are rising and the school year is rapidly coming to an end. This is the time of year when attention turns to summer vacations and, for many, that means taking to the water. Whether you plan to enjoy the beach, a lakeside resort or your own backyard oasis, it is important to take precautions to prevent accidents that can turn your summer vacation into a tragedy.

The U.S. Consumer Product Safety Commission (CPSC) recently released disturbing statistics relating to children and water-related accidents. Based on data collected over the past three years, an average of 390 children under 15 drown every year, including 296 children younger than 5. During that same time, hospital emergency rooms treated about 5,100 children for injuries suffered from being submerged in the water; 4,000 of them were under 5. (1)

Despite these statistics, an overwhelming number of people (63%) polled by the American Red Cross admitted they would take their families swimming in unguarded waters this summer. Almost 50% of those polled never had swimming lessons. A majority of those surveyed also said they believed the use of “water wings” (inflatable bands worn around the arms) or the buddy system were adequate substitutions for adult supervision of children in the water. (2)

Underage Drinking Laws Carry Consequences for Both Minors and Adults

May 20, 2013 | Kearns Rotolo Law

What started as a celebration ended in potentially serious consequences for a Lebanon Borough couple on May 17. Police, responding to a noise complaint, charged the couple with serving alcohol to minors after it was discovered that the approximately 40 party-goers included an undisclosed number of underage persons.(1)

Under New Jersey law, adults who serve alcohol to minors can be held liable if those minors are injured or killed as a result of their drinking. The adults can be charged for property damages and medical bills and can be sued for pain and suffering. (2)

In addition to the civil consequences, adults who enable underage drinking are subject to criminal charges. In New Jersey, it is a criminal offense to serve alcohol to anyone under 21 or to allow minors to use your home or property for the purpose of consuming alcoholic beverages. This offense carries a fine of up to $1,000 and/or up to six months in jail. Exceptions apply if the minor consumes alcohol in connection with a religious ceremony or observance or with the permission of a parent or guardian. (2)

When An Engagement Is Broken, Who Is Entitled To The Ring?

April 30, 2013 | Kearns Rotolo Law

The engagement ring has long been a symbol of a couple’s intention to wed. But what happens to that ring if the engagement is broken?

It was recently reported that a New York City man filed a suit against his ex-fiancé, a Hillsborough, N.J., resident, claiming she refused to return the ring after their engagement had been called off. The man is seeking not only the return of the ring valued at $10,000, but punitive and compensatory damages and court costs as well. (1)

From a legal perspective, the question of who is entitled to possession of the ring when the engagement is called off is more complicated than one might assume. The ring could be considered a symbol of a contract. In that case, it must be determined what constitutes fulfillment of that contract – the agreement to marry or the actual marriage. Most states, however, consider the engagement ring a gift. How individual states classify the type of gift can help courts determine the ring’s rightful owner. (2)

Heading for Divorce? Take Steps to Protect Your Credit Rating

April 9, 2013 | Kearns Rotolo Law

When contemplating divorce, one of the first issues to be handled, after custody, is the distribution of marital assets. What some people fail to do adequately, however, is address the issue of joint debt that has accumulated during their years together. Failure to take care of debt and credit issues can lead to credit rating nightmares for years to come.

People may fail to realize that a divorce decree does not change the commitments made to creditors. When you incur debt of any type – mortgages, loans, credit cards – you are entering into a legal contract to repay that debt in compliance with terms of the loan.(1) There are several ways to handle marital debt and save your credit rating.

It is possible to come to an agreement as to which partner is responsible for which debt after divorce and have those terms included as part of your divorce agreement. For instance, the spouse who keeps the house may assume mortgage payments, while the spouse who takes the family car assumes the car loan. Just know, however, that if those loans remain in joint names and the responsible party fails to make the payments, that failure will appear on both parties’ credit reports. (2) Online access to your accounts can help you see potential problems before they get out of hand.

Bill Calls for End to Permanent Alimony, Other Reforms

April 3, 2013 | Kearns Rotolo Law

unhappy%20couple.jpg The State Assembly currently is considering legislation to end permanent alimony and clarify the guidelines under which other forms of alimony are awarded. (1)

In New Jersey, there are four main variations of alimony that can be awarded upon the end of a marriage or civil union: limited duration alimony, rehabilitative alimony, reimbursement alimony, and permanent alimony. (1)

Limited duration alimony is the most common. Also known as term alimony, this is payable only for a specified time and is usually intended to give the receiving spouse enough time to become financially self-sufficient. Rehabilitative alimony is also payable for a specified time, usually long enough for a dependent partner to gain the training and/or education needed to find employment. Reimbursement alimony is awarded when one partner makes financial sacrifices to enable the other partner to further his or her education in an effort to improve earnings potential. And finally, permanent alimony is usually awarded in the dissolution of long-term marriages or unions, particularly when the earnings potentials of the partners are drastically unequal due to one spouse sacrificing education and/or career goals in order to take care of the family. New Jersey also has a temporary, or “pendent lite” alimony, which is awarded to help take care of the living expenses of an unemployed or low-earning spouse during divorce proceedings. (2)

New Tax Changes Can Impact Divorce Agreements

March 21, 2013 | Kearns Rotolo Law

By now, all year-end tax records have been received and people are busy preparing tax returns for filing by April 15. Earlier this year, changes were made to the tax code which could affect many people, especially those in the process of divorce.

On January 1 the American Taxpayer Relief Act (ATRA) was passed as a remedy to the “fiscal cliff” this county was facing, replacing the alternative solution, which included tax increases for middle-class Americans and widespread spending cuts. The ATRA, however, contains some provisions that could negatively impact those in the process of divorce. Two areas of most concern, according to a recent article on Forbes.com, are income changes and distribution of assets. (1)

When negotiating alimony payments, be aware that the ATRA increased the tax rate for those in the higher income brackets to 39.6% from 35%. The threshold for that bracket is taxable income in excess of $400,000 for a single filer. Alimony is considered taxable income so it is advisable to consider how any alimony award would affect your current tax situation before reaching agreement on these payments. In some cases, a lump sum settlement, which would be non-taxable for both parties, could be preferable to scheduled alimony payments. (1)

Prenuptial Agreements Are Not Just for the Wealthy

February 26, 2013 | Kearns Rotolo Law

Valentine’s Day focuses on love, and with love in the air, many couples begin to plan their next step – marriage. Today it is not unusual for couples to consider drafting prenuptial agreements before they tie the knot.

A common myth surrounding prenuptial agreements is that only the rich benefit from them. Not true. A prenuptial agreement can help any couple, regardless of their net worth. Prenuptial agreements can be helpful if you are significantly wealthier or significantly poorer than your spouse-to-be; if your future spouse has a lot of debt; if you own a business or are part owner; and/or if you plan to give up your career to be a stay-at-home parent.

However, for many people prenuptial agreements just aren’t romantic. After all, who wants to think about divorce when just starting out in a relationship? The fact is, though, the divorce rate in the U.S. still hovers around 50%, and even though New Jersey has the lowest divorce rate in the nation (1), chances of your marriage failing is still a possibility. The State’s divorce laws may offer a little financial protection, but some people prefer to take matters into their own hands.

Early Intervention Program for Young Offenders

February 12, 2013 | Kearns Rotolo Law

If you are a parent or guardian of a teenager between the ages of 13 to 17 who has committed a minor legal infraction, help may be available thanks to the Hunterdon County early intervention program announced the 14th of January this year by the Hunterdon County Prosecutor’s Office. After successful pilot programs in a few municipalities throughout Hunterdon County last year, the County adopted the program joining Morris County, who has had a comparable program for years. Hunterdon County’s program is the Law Enforcement Adolescent Program, also known as L.E.A.P. By successfully completing L.E.A.P, a teenager’s minor infractions will not be recorded as a criminal charge in the system.

Although intended for offenders who commit first-time infractions associated with substance abuse, anger management, issues related to school or family matters, L.E.A.P may also offer repeat offenders enrollment at the discretion of the Hunterdon County L.E.A.P Officer. Additionally, the court may mandate enrollment.

The objective of L.E.A.P is to help teens make better life choices by providing therapeutic support and counseling as opposed to being charged with a crime. L.E.A.P participants receive objective guidance in the hope of causing participants to reflect on choices they made in the past, allowing them to gain further understanding and awareness about how to go about changing their behaviors in the future. Additionally, the program will be a source of encouragement, offering tools to avoid further criminal justice system involvement. Also, it is important to note that there is little to no cost to the teenager’s family.

Court: Right to Counsel Does Not Apply to Restraining Order Hearings

February 1, 2013 | Kearns Rotolo Law

A New Jersey appeals court recently ruled that the State was not obligated to provide counsel to either plaintiffs or defendants for hearings on restraining orders resulting from acts of domestic violence. (1)

The U.S. Constitution provides all citizens with the right to counsel, whether or not they can afford to hire a lawyer. That right, however, only applies to situations that could result in a prison sentence. New Jersey takes it a step further providing defendants, who cannot afford a lawyer, court-appointed counsel if the defendant faces jail time or “other serious consequences,” including the loss of a driver’s license or fines in excess of $1,800. (2)

While the above-mentioned ruling may seem to contradict State law, there is a difference. The court explained that the purpose of a restraining order is not to punish anyone, although it does require proof that a crime (assault, stalking, harassment, kidnapping, etc.) had been committed previously. Instead, the purpose of a restraining order is to protect someone from future harm. To do this, restraining orders give courts the right to impose certain restrictions and even fines of up to $500. These consequences, however, are not significant enough to warrant appointing counsel at the taxpayers’ expense, according to the court ruling. (1)