New Jersey Family Law Blog

High Court Grants Parents the Right to Request Paternity Tests

October 24, 2012 | Kearns Rotolo Law

Holding hands (Photo credit: Marco Nedermeijer)

When the paternity of a child is in question, parents do have the right to request a genetic test from the State, according to a recent decision by the New Jersey State Supreme Court. (1) This recent decision, which was in response to a 2006 Morris County divorce case, overturned a lower court ruling denying the request for a State-sponsored test because it would not be in favor of the child involved. In the divorce, the husband expressed doubt that the youngest of his three sons was his actual biological offspring, claiming instead the child was the son of his brother-in-law. The brother-in-law neither denied nor admitted paternity. The husband, however, proved his suspicions through private testing and sought repayment of money he spent raising the child. (1)

While this case may be unusual, paternity matters play a role in a number of areas, including divorce cases, inheritance and beneficiary issues, and especially child support orders. Failure to meet those child support orders in this State can result in penalties ranging from the seizure of tax refunds to the revocation of professional and/or driver’s licenses and, ultimately, to arrest and possible jail time. (2)

Bill Would Increase Child’s Representation in Proceedings to Terminate Parental Rights

September 30, 2012 | Kearns Rotolo Law

Photographed by Daniel Case 2006-07-27 (Photo credit: Wikipedia)

A bill pending before the Senate Judiciary Committee, if passed, would increase representation for children in parental rights termination cases. (1) Termination of parental rights is a serious, irrevocable action in New Jersey. If, after reading the following, you need assistance with a legal parenting issue, particularly in Hunterdon County, contact the family law attorneys at The Rotolo Law Firm in Lebanon, N.J.

Today, children whose parents are involved in a parental rights termination proceeding are represented by a law guardian appointed by the Office of Parental Representation, a division of the state’s Public Defender’s Office. While this is not a criminal charge, it does require a court hearing. The law guardian’s responsibility is to make sure the child’s best interest – not what either parent wants – is heard by the Court. He or she has the right to call and cross-examine witnesses during the hearing in order to accomplish this. (2)

“Preglimony” – A Fair Financial Arrangement or A Setback to Women’s Rights?

September 18, 2012 | Kearns Rotolo Law

Pregnant lady in beautiful pick flowing dress. People at Morro Bay, CA Fourth of July 2011 Celebration (Photo credit: mikebaird)

Everyone is familiar with alimony, “palimony” and child support, but is society ready for “preglimony?” That’s the debate taking place in legal circles today (1). If, after reading the following, you need the assistance of a Hunterdon County lawyer with support payments of any type, contact the family law attorneys at The Rotolo Law Firm in Lebanon, NJ.

Alimony, sometimes called spousal support, is the payment made by one spouse to another following a divorce to ensure each spouse fair economic treatment. (2) It dates back to a time when it was the norm for a woman to give up a job or career — and sometimes an education — in order to take care of her family and home, leaving her with few marketable skills for entering the workforce after divorce. Today, alimony can be awarded to either spouse, based on their ability to adequately support themselves.

Bill Looks to Ensure Conscionability of Prenuptial Agreements

August 29, 2012 | Kearns Rotolo Law

A couple of 14-carat gold wedding rings. Picture taken in Brazil, where 14-carat is the most common kind of gold used in jewelry. (Photo credit: Wikipedia)

The State Senate recently approved a bill that would change the way courts in New Jersey look at prenuptial agreements. Judges in divorce cases, under this bill, would be required to assess the conscionability of the prenup at the time the agreement was drawn up, in other words what is legally or ethically right, proper or fitting.(1) If, after reading the following, you need legal assistance with a prenuptial agreement, contact the family law attorneys at The Rotolo Law Firm in Lebanon, N.J.

People enter into prenuptial agreements for a variety of reasons, the most obvious of which is to protect assets they are bringing into a marriage. (2) Prenuptial agreements, commonly referred to as prenups, can also help protect one spouse from the debts of the other; protect the inheritance rights of children from previous relationships; ensure that family property remains within the birth family; and also convey how you intend for your assets to be distributed upon your death. (3) (In terms of the latter, you should not neglect to execute other estate planning documents, such as a will, to ensure your wishes are honored.)

In Divorce, Paying Attention to Details Can Avoid Future Problems

August 3, 2012 | Kearns Rotolo Law

Newt Gingrich, Advance Directive Advocate (Photo credit: Mike Licht, NotionsCapital.com)

Although divorce can be a very emotional experience, keeping a clear head concerning certain practical matters can help to avoid additional heartache down the road. If, after reading the following, you need a Hunterdon County lawyer to assist you with any aspect of your divorce, contact the family law attorneys at The Rotolo Law Firm in Lebanon, N.J.

Last Will and Testament

Changing Your Name Following Divorce Is Easy, but Take Care to Avoid Complications

July 29, 2012 | Kearns Rotolo Law

ch-ch-ch-ch-changes (Photo credit: Heather Quintal)

Although its origins date back to a time when women had few individual rights, the custom of women taking their husbands’ names at marriage is still popular. (1) It can be a symbol of unity as a couple starts their married life together. If the marriage fails, however, it can be a painful reminder. Resuming one’s maiden name following divorce is a common and relatively simple practice, but it is important to do it correctly in order to avoid difficulties down the road. If, after reading the following, you need the assistance of a Hunterdon County lawyer with a name change or any other aspect of divorce, contact the family law attorneys at The Rotolo Law Firm of Lebanon, N.J.

The process for changing your name is subject to both federal and individual state laws and, as such, can vary from state to state. Familiarizing yourself with the local laws can help simplify the process. (2)

NJ Child Support Payment Guidelines Don’t Always Help

July 16, 2012 | Kearns Rotolo Law

When a couple with children divorces in New Jersey, child support payments are determined with the help of guidelines established by court rule. (1) Because our lives are not stagnant, circumstances can arise that turn what was once considered a fair payment into a hardship. Usually these circumstances involve a significant change in income of one or both parents. However, even a child going off to college can trigger the need to petition the court for adjustment of support payments. If, after reading the following, you need the assistance of a Hunterdon County lawyer regarding child support, the family law attorneys at The Rotolo Law Firm in Lebanon can help.

New Jersey’s guidelines for determining child support take into consideration a number of factors, first of which is the net income of both parents. Wages, tips, overtime, unemployment benefits and even lottery winnings are all considered part of income; welfare or disability payments, however, are not. Taxes and mandatory deductions are deducted from the income total (although voluntary deductions, such as retirement or savings plans, are added back in) in order to arrive at net income. The combined “net” income of both parents determines the family income. The family income divided by the number of children determines the basic child support award. This award can be divided between the parents depending on the contribution of each to the family’s total income. (2)

The guidelines are intended to make sure there is enough money available to the custodial parent to care for the child. They are not intended to make either parent poor. If either parent experiences a significant change in income, a petition to the court to adjust the child support payments can be warranted. In these cases, the courts can return to the guidelines to reconfigure a fair support order. There are other circumstances, however, where the State Appellate Division recently advised courts to ignore the guidelines — specifically when it involves a child’s enrollment in college. (3)

Are New Jersey’s Alimony Laws Due for an Update?

July 2, 2012 | Kearns Rotolo Law

alimony (Photo credit: Kalense Kid)

Massachusetts recently updated its alimony laws to reflect our changing times. (1) Will New Jersey soon follow the example? If after reading the following you need assistance with an alimony issue, particularly in Hunterdon County, contact the family law attorneys at The Rotolo Law Firm in Lebanon.

Approval was recently given by the New Jersey Assembly Judiciary Committee to appoint a commission to review the State’s alimony laws. The committee would consist of 11 members and would have 9 months to complete a study of the State’s current alimony laws, on their own and as compared with the laws of other states, and make recommendations for changes to the Legislature and governor. (2)

Impact of Divorce on Your Income Tax Returns Can Be Costly

June 17, 2012 | Kearns Rotolo Law

Tax (Photo credit: 401K 2012)

When a couple faces divorce, the IRS and taxes are probably the last things on their mind. Divorce, however, carries tax implications that, if ignored, could cost you plenty down the line. The following covers a few basic facts you should be familiar with regarding taxes and your divorce. Because of the complicated nature of these areas, though, it is advisable to consult your financial advisor as well as a divorce attorney before taking actions. If you are a Hunterdon County resident seeking a divorce, the family law attorneys at The Rotolo Law Firm of Lebanon can be of assistance.

Essentially, there are two types of family support payments associated with divorce – alimony and child support – and both have different tax implications.

Divorcing an Absent Spouse Requires Detective Work

May 31, 2012 | Kearns Rotolo Law

Your marriage failed. You are convinced there is no saving it. You want a divorce. The problem is you have no idea where your estranged spouse is, and the law requires you inform him or her of your intentions before a divorce is granted. Does this mean you are at a dead end? Not necessarily. Courts can grant divorces under such circumstances provided certain requirements are met. If you need assistance with a divorce in Hunterdon County, the family law attorneys at The Rotolo Law Firm of Lebanon can help.

Whether your spouse has abandoned you – in itself, grounds for a divorce – or you have been separated so long that you’ve lost touch, not knowing the whereabouts of an estranged spouse is not an unheard of situation. Specific requirements to obtain a divorce under these circumstances, known as divorce by default, vary from state to state. (1) There are, however, a few basic guidelines to follow.

The first step in all divorces is to file an application, or petition, for divorce with the court in the county in which you live. Usually when you file this petition, your estranged spouse is served with notice of your intentions. When your spouse’s whereabouts are unknown, you should request an affidavit for service by publication, or “substitute service of process.” This affidavit requests the court allow you to notify your estranged spouse through publication of a legal notice in the newspaper rather than in person. By filing this affidavit, you are telling the court, under oath, that you have no knowledge of the whereabouts of your spouse. (2)