New Jersey Family Law Blog

Will New Jersey Follow Massachusetts’ Lead in Alimony Reform?

December 12, 2011 | Kearns Rotolo Law

At least one private New Jersey citizens group is working toward making sure the words “till death do us part” refers to marriage and not alimony payments. The group, New Jersey Alimony Reform, is hoping State lawmakers can be persuaded to follow the example set by Massachusetts earlier this year and reform New Jersey’s alimony laws. (1)

Laws affecting the award and calculations of alimony payments vary from state to state. (2) If you have questions regarding New Jersey’s current alimony laws, particularly in Hunterdon County, contact the divorce lawyers at The Rotolo Law Firm in Lebanon, NJ.

This past fall, Massachusetts’ governor signed into law reforms that would eliminate lifetime alimony. Now, New Jersey and Florida are considering similar changes. (1)

Holland Township Couple Fights for Custody of Newborn Son

November 23, 2011 | Kearns Rotolo Law

Custody is defined as having the legal responsibility to care for and/or make decisions on behalf of a child under 18. (1) Most consider it a parental right, but there are times when the custody of a child can be threatened and the advice of counsel such as the family lawyers at The Rotolo Law Firm may be warranted.

Various factors can threaten custodial rights. You can be engaged in a custodial battle with an ex-spouse or you can lose custody to authorities as a result of abuse or neglect allegations. Often in divorce, agreements can be reached whereby parents have shared custody or at least visitation rights. Fighting to regain custody from child welfare authorities can be a different story. One Holland Township couple has found themselves engaged in such a battle for the past two years.

The couple, Deborah and Heath Campbell, lost custody of their three children in 2009 and just this week appeared in court once again – this time to fight for custody of their infant son. (2)

Increase in Income Following Separation Can Be Considered When Determining Alimony Payments

November 12, 2011 | Kearns Rotolo Law

When a couple comes to an agreement to terminate their marriage, getting a court to make it official usually is not an issue. Resolving the associated aspects of divorce is where it can get complicated. If you are seeking a divorce in Hunterdon County, the family law attorneys at The Rotolo Law Firm can assist you.

Divorce is an emotionally trying process for all involved. Once a couple has come to terms that their relationship is over, they still must deal with the often heated issues related to the dissolution of their marriage — child custody and support, fair and equitable distribution of assets and, perhaps the most contentious of all, alimony.

Alimony is a payment of support from one spouse to another. In New Jersey married couples are responsible for supporting each other. This holds true even after the marriage ends. Alimony is designed to ensure that both spouses can enjoy a lifestyle reasonably similar to the one they had while married. (1)

Even Federal Agencies Are Bound to Comply with Child Support Orders

November 1, 2011 | Kearns Rotolo Law

New Jersey, like most other states, takes the issue of child support seriously. There are processes in place to aid those seeking to collect child support and stiff penalties for those who fail to make their payments. If, after reading the following, you need a Hunterdon County lawyer to assist you with child support issues, contact The Rotolo Law Firm, located in Lebanon, NJ.

Ensuring the payment of child support is primarily the responsibility of individual states. The federal government, however, does provide financial support to state agencies entrusted with this job. In addition, legislation is in place prohibiting someone from using a bankruptcy filing to avoid child support obligations, and it is a federal crime to willfully avoid such payments by moving to another state. Still it is the state’s responsibility to enforce court orders, and even federal agencies are bound to comply with state-ordered child support payments. (1)

States have various means by which they can enforce payment of child support, including garnishment of wages or unemployment payments and liens on or the seizure and sale of property. Even Social Security payments, which are exempt from most garnishments, can be attached for child support payments. (2) While the Social Security Administration (SSA) is bound to comply with state-ordered child support payments, it is immune from suits for damages resulting from its failure to follow such orders. (3)

Court: Parental Autonomy Cannot Be Transferred to Third-Party

October 15, 2011 | Kearns Rotolo Law

Sometimes things stand in the way of parents’ ability to raise their children – financial distress, illness, substance abuse – to name a few. When this happens, custody can be turned over to someone else: a grandparent, another relative or any trusted adult that has lived with the child. These people are known as “psychological” parents or de facto parents. If, after reading the following, you need a Hunterdon County lawyer that can assist you with a similar situation regarding parental rights, contact The Rotolo Law Firm, located in Lebanon, NJ, which is in close proximity to Clinton, NJ and Flemington, NJ.

By definition, a psychological parent is an adult with whom a child has bonded regardless of any legal, biological or adoptive relationship. (1) However, although custody of a child can be transferred, parental autonomy cannot, according to a ruling recently upheld by the New Jersey Appellate Division. (2)

Parental autonomy is a fundamental right of natural parents. It allows parents to make all decisions with regard to raising their child without fear of governmental interference as long as those decisions pose no threat to the child’s or the public’s order, safety and welfare. (3)

State Has Guidelines to Calculate a Fair Share in Child Support Payments

September 3, 2011 | Kearns Rotolo Law

The $46,000 per month in child support supermodel Linda Evangelista is seeking from the father of her four-year-old son may raise some eyebrows.(1) After all, that’s more than some people earn in a year. And the recent court order requiring actor Mel Gibson to pay his ex $750,000 over five years to settle their bitter custody battle may stir similar reactions.(2) Although these high-cost celebrity cases may feel like revenge of a partner scorned, child custody issues are serious matters.

New Jersey considers all parents responsible for supporting their children, which means providing the basics of food, shelter and clothing. That responsibility does not end when a marriage dissolves.

Oftentimes couples get caught in a financial “catch-22” once they marry and have children. Now there are three or more mouths to feed. If both parents work, they incur the added expense of childcare. If one parent cuts his/her working hours to avoid the childcare expense, that parent’s income is then lowered and there is less money to pay expenses. Finances are generally one of the major stress factors in marriage. Divorce doesn’t solve the problem either; rather, it can make financial problems worse, because after divorce there are two households to support in addition to the continued need to provide the basics.(3)

The Law Looks Differently at Mothers and Fathers

August 21, 2011 | Kearns Rotolo Law

What defines a parent? For some, parents are the people to whom you are born. Others define parents as those who raise and care for you as you grow. According to Merriam-Webster.com, both definitions are correct, (1) but what about the legal definition of parent? That’s a question the New Jersey Supreme Court recently agreed to review.

The case involves a woman seeking to be identified as the legal mother of a child born to her husband and a surrogate without having to file for adoption. An appeals court previously heard the case and cited the New Jersey Parentage Act, which states that a woman is automatically granted parental rights only to a child she either carries through pregnancy or with whom she shares DNA. In this case, the husband’s sperm was used to fertilize an anonymous donor’s egg which was then implanted into a surrogate mother, leaving the wife no physical tie to the child. (2)

Prior to the child’s birth, a Camden County Superior Court Judge granted the couple’s request to be named as parents on the child’s birth certificate. The surrogate mother relinquished her parental rights three days after giving birth, the time period specified by law. All seemingly went smoothly until the Bureau of Vital Statistics questioned the wife’s parental claim. Since she did not carry the baby in pregnancy nor share DNA with the child, the Bureau claimed she needed to file for adoption as a stepparent before gaining her parental rights. (2)

Court Says GPS Devices Can Be Used to Track Unfaithful Spouses

August 5, 2011 | Kearns Rotolo Law

For most people, a global positioning system — better known as a GPS — is a useful tool that can help keep them from getting lost, navigate detours, or find the quickest route between two points. These devices can also be used to track the movements of the vehicle in which it is installed. What if the device was installed without the knowledge of the vehicle’s operator? Would that constitute an invasion of privacy? Not necessarily according to New Jersey courts.

This question came to light in connection with a recent Gloucester County divorce case. In this case, the wife suspected her husband of having an extra-marital affair. She hired a private investigator to confirm her suspicions. At some point, the investigator suggested the wife consider putting a GPS device in one of the vehicles the couple owned together. She followed that advice and information obtained through the use of that device led to the discovery of the husband in the company of another woman. The husband sued the investigator for violation of his right to privacy. (1)

A New Jersey court found in favor of the defendants and that decision was upheld by the Appeals Court just last month. In hearing the case, the court found that there was no evidence that the device tracked the husband into secluded or private areas. (2) The husband’s vehicle was tracked on public roads and was in plain sight of public view. As such, the court ruled, there could be no reasonable expectation of privacy. Therefore, there was no invasion of privacy and no rights were violated. (1)

Court Rules Parental Rights Cannot Be Terminated by Contract

July 24, 2011 | Kearns Rotolo Law

The New Jersey Supreme Court ruled recently that parental rights cannot be terminated merely by a contract entered into by the parties involved, rather parental rights can be terminated only by State law under specific conditions. (1)

This question arose in connection with a case of a single woman who wanted a child and her male friend who agreed to be a sperm donor. Prior to conception, the two entered into a contract whereby the male donor gave up all of his parental rights and responsibilities; the woman assumed complete responsibility for the child. (1)

The birth certificate of the child born from this procedure listed no one as the father. Following the child’s birth, the two individuals involved in the conception signed another consent order confirming that the male surrendered his parental rights and the female retained all responsibility for the child. That order was sent to the court. (2)

‘Legally Separated’ Is Not a Status Recognized in New Jersey

July 8, 2011 | Kearns Rotolo Law

While entertainment news headlines these days may be full of celebrities and politicians calling it quits on their marriages, divorce is a big step for most couples no matter what problems they may be facing. There can be any number of reasons why a couple in domestic turmoil may not want to jump into divorce – at least not just yet. Among those reasons are financial situations, religious beliefs, insurance matters and even the hope that a little time apart could help mend the relationship. While many states recognize “legal separation” as a state between marriage and divorce, New Jersey does not. (1)

In New Jersey there is a proceeding on the books known as “divorce from bed and board.” This antiquated term refers to a marital state which is between living as husband and wife and divorce. During this time, the couple would enter into a Separation – or Marital Settlement – Agreement, which does much the same as a divorce agreement without permanently ending the marriage. (1)

Under a Separation Agreement, a couple decides and agrees on a number of issues such as how assets are to be distributed between them; whether or not support payments need to be made and, if so, how much; tax issues, such as who claims who as dependents; and custody matters, including visitation schedules and child support. (1)