New Jersey Family Law Blog

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

Tue, 30 Apr 2013 22:35:30 -0500

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)

Gifts can be classified as unconditional or conditional. Unconditional gifts are final; that is, they are given with nothing expected in return. However, most states, including New Jersey, classify engagement rings as conditional gifts which must be returned if the condition is broken. (3) Recipients of the ring can argue that the condition is simply the agreement to marry. Most states, however, consider the condition to be the actual marriage.

Another factor that can be considered in determining who should get the ring is how the engagement was broken. In some cases, if the giver, presumably the man, breaks the engagement without reason, the receiver, or woman, is entitled to keep the ring. More and more states, however, are taking a “no-fault” approach to broken engagements, meaning the ring can be returned to the giver no matter who was responsible for the break-up. (2)

It can be more than the monetary value of the ring that is at stake. Some people mark their engagement with family heirlooms. A prenuptial agreement specifying who gets the ring in the event of a break-up can help keep these heirlooms in the family. (3)

A family law attorney can help you sort through all the nuances of engagement ring ownership.

(1) http://www.newjerseynewsroom.com/state/man-sues-hillsborough-woman-for-10000-ring-in-broken-engagement-battle
(2) http://family.findlaw.com/marriage/what-happens-to-the-engagement-ring-in-a-broken-engagement.html
(3) http://marriage.about.com/od/rings/a/ringreturn.htm

Heading for Divorce? Take Steps to Protect Your Credit Rating

Tue, 09 Apr 2013 21:45:42 -0500

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.

Credit cards are another issue that need attention. When emotions become heightened during a divorce, a vengeful spouse may run up bills in order to punish his or her ex. If you have joint credit cards, as many married couples do, you have a couple of options. Pay off the card, close the account, and open a new account in your name only. If that is not possible, alert the credit company that you are divorcing and request the account be closed or at least frozen. Let them know you will not be responsible for any charges your ex may run up following the divorce. (3)

Sometimes one spouse will hold a credit card, naming the other spouse as an authorized user. If you are the official cardholder, ask that your ex-spouse be removed as an authorized user on the account. If you are the authorized user, simply request that your name be removed from the account. As long as more than one name appears on the account, payment delinquencies can be reported to each user’s credit rating. (4)

Addressing credit issues as part of your divorce agreement can help you avoid ruining your credit rating. If you require assistance with any aspect of a divorce or family law situation, contact the experienced, Hunterdon County family law attorneys at The Rotolo Law Firm.

(1) http://www.experian.com/credit-advice/topic-divorce-and-credit.html
(2) http://www.experian.com/ask-experian/20070919-how-divorce-can-impact-your-credit-scores.html
(3) http://money.msn.com/credit-rating/dont-let-your-ex-trash-your-credit
(4) http://money.msn.com/credit-rating/5-steps-to-protect-credit-in-divorces-bankrate.aspx

Bill Calls for End to Permanent Alimony, Other Reforms

Wed, 03 Apr 2013 09:00:00 -0500

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)

The bill currently before the Assembly would eliminate permanent alimony, which has long been criticized for not taking into consideration changing circumstances which the payee may experience. Although permanent alimony awards can be modified, such modifications required the payee to petition the court for a change. (3)

The bill would also establish time limits for limited duration alimony; currently those limits are set by the court. Under the new bill, the duration for these payments would be no longer than half the length of the marriage or union. Judges would retain discretion in awards for marriages that lasted more than 20 years. (3)

The bill proposes other significant changes to existing alimony laws. First, rehabilitative alimony would have a limited term of five years, unless extended at the court’s discretion based on specific guidelines; (1) second, alimony payments would cease when the paying partner reached retirement age; (3) and third, alimony could be suspended or ended completely if the receiving spouse moved in with another partner and cohabitated with that person for at least three months. (1)

If adopted, the new bill could take effect as early as this October 1. If that happens, the new law would allow certain existing alimony awards to be modified to comply with the new guidelines. Requests for such modifications must be made within two years of the new law’s effective date. (1)

If you or someone you know has questions regarding alimony issues, particularly in Hunterdon County, contact the family law attorneys at The Rotolo Law Firm.

(1) http://www.nj.com/hunterdon-county-democrat/index.ssf/2013/03/alimony_reform_bill_introduced.html
(2) http://www.divorcesource.com/ds/newjersey/new-jersey-alimony-faqs-4178.shtml
(3) http://www.app.com/article/20130315/NJNEWS/303150092/New-bill-would-end-permanent-alimony-N-J-

New Tax Changes Can Impact Divorce Agreements

Thu, 21 Mar 2013 03:14:00 -0500

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)

Negotiating the distribution of marital assets is another area needing special attention, especially when dividing investments assets that produce income. ATRA has established a 3.8% Medicare surtax on investment income, such as dividends and capital gains, exceeding $200,000, and increased the capital gains tax rate for those in the new 39.6% tax bracket to 20% from 15%. These numbers do not include state capital gains taxes. (1)

Failure to consider tax implications of divorce can be costly at any tax bracket. Some issues to consider include who claims head of household; deductibility of child support and maintenance payments; and, which fees, if any, associated with the divorce, including attorney fees, are deductible.(2) Another tax issue to consider is which spouse can claim the children as dependents on their tax return. According to the Internal Revenue Service, the parent who has custody for more than six months each year claims the dependents. However, a provision can be made for both parents to alternate this exemption every other year, as long as both parents agree or the court orders such a provision. (3)

Divorce and taxes are both complicated matters in their own right. Together, they can be problematic and may require the advice of a financial professional as well as a lawyer. If you or someone you know needs assistance with a divorce, especially in Hunterdon County, contact the experienced family law attorneys at The Rotolo Law Firm.

(1) http://www.forbes.com/fdc/welcome_mjx.shtml
(2) http://financialplan.about.com/cs/divorceandmoney/a/DivorceIssues.htm
(3) http://knowledgebase.findlaw.com/kb/2012/Dec/791578.html

Prenuptial Agreements Are Not Just for the Wealthy

Tue, 26 Feb 2013 03:36:00 -0500

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.

Prenuptial agreements don’t only help in times of divorce. If one spouse dies unexpectedly without a valid will, the prenuptial agreement can help to assure that his or her share of assets are handled according to his or her wishes, rather than the government’s decisions.

Most jurisdictions, including New Jersey, follow the Uniformed Premarital Agreement Act. This Act sets out requirements for a prenuptial agreement to be considered valid: it must be in writing and notarized; both parties must voluntarily agree with its terms; and it must not leave either party destitute or under an unreasonable burden.

In the end, prenuptial agreements can help save on the cost of a messy divorce and can offer a couple the confidence that they will be treated fairly even if their marriage ends unexpectedly. Because there are many considerations involved with drafting a valid prenuptial agreement, professional assistance is recommended.

If you are planning your wedding in the not-too-distant future and feel that a prenuptial agreement would be helpful to ease some of your concerns and that of your future spouse, contact Victor Rotolo and the experienced family law attorneys at The Rotolo Law Firm at 908-534-7900. The Rotolo Law Firm specializes in family law matters and is conveniently located on U.S. 22, Lebanon, NJ.

(1) http://www.nytimes.com/2012/10/14/fashion/weddings/new-jersey-has-lowest-divorce-rate.html?pagewanted=all&_r=0

Early Intervention Program for Young Offenders

Tue, 12 Feb 2013 12:43:45 -0500

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.

L.E.A.P is offered by the HPR (Hunterdon Prevention Resources) in collaboration with the County Prosecutor Anthony P. Kearns, III. Serving Hunterdon County for 40+ years, HPR provides prevention and educational services in addition to community and individual treatment programs. Lesley Gabel, the HPR L.E.A.P. Director, works in conjunction with Program Coordinator Jerri Collevechio; the Town of Clinton Police Department’s Patrolman James Kramer has been named as the Hunterdon County L.E.A.P. Officer.

For more information about HPR and its services, visit hunterdonprevention.com or call 908-782-3909.

(1) Media Release – January 14, 2013, “Hunterdon Prosecutor Announces New Juvenile Initiative”
(2) Hunterdon County Democrat, January 31, 2013 “Intervention program for young offenders” by John Slevers, The Express Times
(3) nj.com “The Hunterdon Prosecutor’s Office announces a new program to keep kids out of trouble”

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

Fri, 01 Feb 2013 18:04:06 -0500

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)

Although the process of obtaining a restraining order may not require a lawyer, legal assistance can be beneficial. As an example, recently a husband and wife were going through a divorce and sought restraining orders against each other. The husband’s request was granted while the wife’s was denied. At the hearing, the husband was represented by counsel and the wife was not. At appeal, it was revealed that the wife did not show evidence to support her petition at the initial hearing either because she did not know she was allowed to present evidence or she did not know how to go about obtaining the evidence. This oversight on the part of the wife may have been avoided had she been represented by counsel. (1)

With or without legal representation, there are a few things to remember when seeking a restraining order. First, be as specific and descriptive as possible when filling out the request. Bring a photo ID to court, along with as much information about the abuser as possible. Sign the necessary papers before a clerk, notary or even a judge as directed. A judge will review the request for an order and set a hearing date. In the meantime, the judge will grant a temporary restraining order if immediate danger is suspected. (3)

If you or anyone you know needs assistance with a domestic violence issue or a restraining order, contact the experienced divorce and family law attorneys at The Rotolo Law Firm located in the heart of Hunterdon County, at 502 U.S. 22, Lebanon, NJ.

(1) http://www.dailyreportonline.com/PubArticleDRO.jsp?id=1202585803784&NJ_nixes_statepaid_counsel_for_domestic_violence_litigants&slreturn=20130101180104
(2) http://www.aclu-nj.org/theissues/criminaljustice/criminaljusticearchives/stateconstitutionalrightto/
(3) http://www.ehow.com/how_6517654_file-restraining-order-new-jersey.html

Why It Is Important to Establish Paternity

Tue, 22 Jan 2013 19:37:10 -0500

keith's child support (Photo credit: Sean Durham)

A recent story on msn.com suggested that Chris Humphries, estranged husband of Kim Kardashian, is the legal father of the baby she is currently carrying. Yet, anyone who follows celebrity news knows that Kanye West is that baby’s daddy. Which is it?

What the MSN article was referring to is the legal definition of “father.” Under California law, Mr. Humphries could be considered the legal father of Ms. Kardashian’s unborn child because the couple’s divorce is not yet finalized. New Jersey has similar legal definitions of “father.” Under New Jersey law, a man is presumed to be the father of a child if the child’s birth occurs during the marriage of that man to the child’s biological mother or within 300 days of the termination of that marriage. (1)

In most cases, this definition accurately defines “father.” The relationship is questioned, however, when the couple separates, the marriages ends in divorce, or a child is conceived outside the marriage. In those situations, as long as the biological father acknowledges his relationship with the child in some manner, there should be few problems.

Establishing paternity is important to parents and child alike. First, it determines who is responsible for providing for the child. Although most reasonable people accept the responsibilities of parentage when raising their families, when relationships end, the lines of responsibility may blur. Child support orders can be enforced, however, with paternity established.

Even when child support is not an issue, establishing paternity evens out the playing field between children born in and out of wedlock. A child is entitled to certain benefits from his or her legal father, including inheritance rights and Social Security and veteran’s benefits. (2) Once paternity is established, these rights and benefits cannot be denied.

Establishing paternity can occur at any time prior to the child’s reaching the age of majority. Three basic ways of establishing paternity are for the biological parents to marry; for the biological father to file a voluntary acknowledgment or paternity affidavit; or for the court to order a paternity test. In New Jersey, this test is a non-invasive procedure that involves swabbing the inside of the mouth of all parties involved. (3)

Financial benefits are not the only reasons for establishing paternity. By knowing the identity of his or her biological parents, a child has access to medical and cultural background information which can be useful throughout his or her lifetime. (2)

If you or someone you know needs assistance with a paternity issue, particularly in Hunterdon County, the family law attorneys at The Rotolo Law Firm can be of assistance. The Rotolo Law Firm is located at 502 U.S. Highway 22 in Lebanon, NJ.

(1) http://www.dna-testing-paternity.com/paternity-laws/new-jersey-state-paternity-laws
(2) http://www.thebeehive.org/money/child-support/how-do-you-collect-child-support/step-1-establish-paternity
(3) http://www.ehow.com/how_6025191_file-paternity-test-new-jersey.html

Foreign Adoptions Carry Unique Risks

Tue, 01 Jan 2013 21:32:07 -0500

Adoption (film) (Photo credit: Wikipedia)

About 1,500 American families, including some New Jersey residents, recently had their dreams shattered when a bill banning Russian orphan adoptions by U.S. citizens was signed by Russian President Vladimir Putin, a move that highlights one of the risks of international adoptions. (1)

Each year thousands of Americans turn to foreign countries to adopt. One reason international adoptions are so popular is that the time and expense involved in the process is often more predictable than when adopting a domestic child. A major drawback is that when and if relations between the U.S. and the foreign country fall apart, these adoptions can be stopped – even in mid-process -- leading to heartache for the adoptive parents and children alike.

In 2011 U.S. families adopted 9,319 children from foreign countries; of those, 962 children were from Russia. These foreign adoptions are usually arranged by private, non-profit agencies. Typically around 83% of adoptive parents are matched with children in less than one year. The waiting time to adopt healthy infants in the U.S. can range from 1 to 7years, whereas, international adoptions typically take between 6 and 18 months. (2) For someone anxious to start or expand their family, that difference can seem like a lifetime.

Anyone considering an international adoption should be aware of certain issues they may face. The health and background information they receive on their child may not be complete or reliable. Also, as political relationships between countries change, these adoptions can be opened or closed on a whim, (2) as evidenced by the recent action in Russia.

New Jersey automatically recognizes foreign adoptions as long as the adoptive parents are U.S. citizens and residents of the State. However, it is recommended that those who successfully adopt a foreign child go through a re-adoption process. A New Jersey Judgment of Adoption can offer certain protections to parents and children that may be lacking in a foreign adoption decree. It also helps solidify the child’s inheritance rights. Costs associated with a re-adoption, on average, are notably less than the cost of a domestic adoption. (3)

For those who prefer to adopt a domestic child, the New Jersey Department of Children & Families successfully places more than 1,000 children each year. All children adopted through this Division are special needs children. The waiting time to complete these adoptions depends on a number of things: the type of child referred for placement; the background of the prospective adoptive family; and the family’s flexibility concerning the child’s needs. (3)

Adoptions, whether domestic or foreign, are complicated matters. To assure a successful outcome and avoid heartache, you should seek the advice of a qualified and experienced family law attorney. If you or someone you know needs assistance with an adoption issue, contact the family law attorneys at The Rotolo Law Firm located at 502 Route 22 West, Lebanon, NJ.

(1) http://www.usatoday.com/story/news/nation/2012/12/26/russia-adoption-ban-americans/1791959/
(2) http://www.theadoptionguide.com/options/international-adoption
(3) http://www.nj.gov/njfosteradopt/adoption/

When Alimony Is Set Too High, Both Parties Lose

Sun, 16 Dec 2012 23:04:34 -0500

dollars (Photo credit: Tddy)

Alimony, otherwise known as spousal support, is intended to protect the less financially stable partner once a marriage ends. However, when circumstances change, this protective order for one partner turns into a hardship for the other and both parties lose. It is the need to address these changing circumstances that have some calling for reform of the State’s alimony laws.

A recent Hunterdon County case illustrates the negative effect New Jersey’s current alimony laws can have on a family. Following his 2011 divorce, John Waldorf was ordered to pay both spousal and child support. The problem was that the spousal support payments alone exceeded his average annual take home pay. Waldorf was jailed for failure to meet his alimony obligations. As a result his ex-wife, who is disabled, received no financial support. To make matters even worse, Waldorf lost his job while in jail, further hindering his ability to meet his court-ordered obligations. (1)

New Jersey’s alimony laws have changed little since first established in the 1940’s and 1950’s and many see flaws in the State’s current laws. The biggest problem is the laws do not adequately address changing circumstances. Currently when a marriage ends, it is the family court judge’s discretion, rather than legislative guidelines, that determines the amount of a support order. (2) Judges take several factors into consideration when making their decision, including length of the marriage, the needs and abilities of both spouses, the standard of living the couple was accustomed to, their earning capacities and how their property is to be distributed. (3)

The alimony award decided at the time of divorce is essentially the award that follows the couple till death. During that time, a number of things can happen to alter the state of the parties involved – an economic downturn; the loss of a job; the start of a new career; reduced income due to retirement; remarriage -- the list goes on. Current alimony laws address none of these changes unless the parties involved petition the court for an adjustment. (3)

Efforts are underway to amend current laws making it easier to obtain a modification of an alimony order in the event of changing circumstances and reducing judges’ discretion in setting alimony amounts. (1) In the meantime, the best way to avoid predicaments like the Waldorfs’ is to be proactive and petition the court for modifications to meet your changing circumstances. If you or someone you know needs assistance with an alimony issue, you need a family law attorney experienced with modifications to alimony payments. Contact The Rotolo Law Firm located in Lebanon, NJ.

(1) http://www.nj.com/hunterdon-county-democrat/index.ssf/2012/12/divorcee_sits_in_jail_while_ua.html
(2) http://knowledgebase.findlaw.com/kb/2012/Oct/852236.html
(3) http://www.foxnews.com/politics/2012/01/11/new-jersey-looks-to-update-alimony-rules-after-advocacy-groups-shudder-at/

Financial Hardships Do Not Excuse Child Support Obligations

Sat, 17 Nov 2012 15:57:43 -0500

Senior leaders visit Sandy response efforts in NJ and NY (Photo credit: The National Guard)

In the aftermath of Hurricane Sandy, many lives throughout the State were put on hold. Schools were closed; work was missed; bank fees were waived; homes were destroyed; and even property tax deadlines were extended. Some obligations, however, can’t be easily put off no matter what the hardship. One of those is child support.

New Jersey law considers child support an ongoing obligation of both parents. In cases of divorce or of children born outside of marriage, the custodial parent’s share of the support is usually considered satisfied by day-to-day expenditures related to the care of the child. The non-custodial parent satisfies his or her obligations through a child support order. (1)

Child support covers many things, not just the essentials of food, clothing and shelter: medical expenses not covered by insurance (including deductibles and co-pays), child care, education (including tuition, school clothing, school lunches, textbooks, and outside tutors), entertainment and extra-curricular activities (such as sports and clubs or organizations including Boy and Girl Scouts).

There is no set age or circumstance that signals the end of child support payments under State law. Although 18 is considered the age of majority, a child does not become automatically emancipated at that time. So, if a child over the age of 18 continues to attend school on a full-time basis, the non-custodial parent could be responsible, under a child support order, to contribute to that child’s college education. Emancipation requires a court order. If the court declares a child emancipated, the non-custodial parent would still be obligated for any arrears in child support payments accumulated prior to the emancipation date. (2)

What happens, however, when hardship hits? Last month’s hurricane wasn’t the only event resulting in financial setback for many people. Even more far-reaching is the jobless rate which, in October, rose to an 18-month high. Some reports forecast that number will continue to increase this winter. An economic setback, no matter what the reason, is no excuse to ignore child support obligations.

Parents facing financial hardship, whether from unemployment or some other unforeseen event, can petition the court for a modification to their child support orders. While such a hardship would not excuse a parent’s obligation to support his or her child, it could reduce the amount of his or her contribution.

Contact the experienced family law attorneys at The Rotolo Law Firm if you have a child support issue.

(1) http://www.judiciary.state.nj.us/csguide/app9a.pdf
(2) http://www.judiciary.state.nj.us/prose/10752_guide_njj_cesp_letter.pdf
(3) http://money.msn.com/top-stocks/post.aspx?post=be8214a8-0342-42e3-90f2-bcbe3aab71c9

High Court Grants Parents the Right to Request Paternity Tests

Wed, 24 Oct 2012 17:33:35 -0500

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)

An estranged father has a lot to risk if he fails to meet his parental obligations and these obligations are no small matter. The U.S. Department of Agriculture estimates the cost of raising a child for the first 17 years of his or her life at about $235,000 for families with an annual income between $59,000 and $103,000. The cost fluctuates from about $160,000 for lower income families to about $300,000 for higher income families. (3)

With so much at stake, it is certainly understandable for a man with doubts to want to prove paternity before accepting responsibility for a child, and this recent decision confirms his right to do so. If you have doubts about paternity, contact Victor Rotolo and the Hunterdon County family lawyers at The Rotolo Law Firm. The firm is located on Route 22 in the westbound lane, minutes from the intersection of Routes 78 and 31.

(1) http://www.nj.com/politics/index.ssf/2012/10/court_parents_can_get_geneteic.html
(2) http://www.judiciary.state.nj.us/prose/10752_guide_njj_csep.pdf
(3) http://money.cnn.com/2012/06/14/news/economy/cost-raising-child/index.htm

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

Sun, 30 Sep 2012 12:25:25 -0500

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)

Recently the Assembly Judiciary Committee recommended a new bill that would increase the child’s representation in such cases. The bill calls for the Office of Public Defender to provide the child with counsel who would be responsible for making sure the child’s wishes are heard in court and for protecting his or her interests throughout the case until the child’s final placement. (1)

Termination of parental rights proceedings are usually initiated by New Jersey’s Division of Youth and Family Services (DYFS) as a last resort after other efforts to correct a potentially dangerous situation have failed. Prior to this, DYFS may remove children from the situation temporarily and try to help the parents eliminate any dangerous activities and/or behaviors. If that fails and the child is placed out of the home for 15 out of 22 months, parental rights termination proceedings can be considered. Out-of-home placement in itself is not reason enough for terminating the parents’ rights. Certain standards have been set that would warrant this action and at least one of the standards must be met before the proceedings can be filed. These standards include:
• The child’s best interests;
• Failure or reluctance to fix problems in the home;
• The child being abandoned by a parent or parents;
• A parent being convicted of a crime;
• Other court findings, including murder, assault or other action by a parent that did or could have caused death or serious injury to the child. (2)

New Jersey also allows for voluntary termination of parental rights, a legal process necessary when a biological parent gives a child up for adoption. This can include a divorced parent giving up rights so that the new spouse of his or her ex can adopt the child. (3)

Termination of parental rights means you lose the right to all contact with your child. Usually it is a non-reversible action. The one exception to that in New Jersey involves cases of voluntary termination of parental rights in order to facilitate adoption. If that adoption fails to go through for any reason, the petition for termination of parental rights will be vacated. (3)

It should be noted that termination of parental rights does not eliminate your child support obligation prior to the finalization of the adoption process. Also New Jersey does not allow petitions for termination of parental rights prior to the birth of the child. (3)

If you or someone you know believes their parental rights are in jeopardy, particularly in Hunterdon County, contact the family law attorneys at The Rotolo Law Firm.

(1) http://www.law.com/jsp/nj/PubArticleNJ.jsp?id=1202572985256&hubtype=MAIN%20PAGE&slreturn=20120830075638
(2) http://www.snj.org/pdfs/tprenglish.pdf
(3) http://www.ehow.com/how_8118603_relinquish-parental-rights-new-jersey.html

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

Tue, 18 Sep 2012 10:18:39 -0500

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.

Although “palimony” is not a legal term, it is used colloquially to describe support payments similar to alimony awarded by a court to one partner of an unmarried couple following their break-up. (3) “Palimony,” too, aims to make sure both parties receive fair financial treatment.

Child support ensures that a parent’s financial obligation to his or her child does not end with the relationship between the adults. Usually, support payments are made by the non-custodial parent to ensure that he or she shares in the expenses of raising the child.

The newest form of support being debated, “preglimony,” would cover the expenses of a woman’s pregnancy, from prenatal care to time missed from work due to the pregnancy. (1) In the traditional family sense, these expenses are covered out of family finances. “Preglimony” would deal more with children conceived out of wedlock.

Why now? Science has made strides in determining paternity and can now identify the father of an unborn child through a simple prenatal blood test. Supporters of “preglimony” say that fathers should be held financially responsible from the start. Opponents, however, believe this concept opens a lot of legal and ethical questions, including a woman’s right to manage her pregnancy as she sees fit. (1)

Whether the courts ever adopt the concept of “preglimony” is yet to be seen. They do, however, take other support obligations seriously. Penalties for failing to meet your support payments – particularly child support – can even lead to jail time.

If you or someone you know is having a problem with support payments, whether they are paying or receiving the support, particularly in Hunterdon County, the Rotolo family law attorneys can help. The Rotolo Law Firm is located in Lebanon, which is in close proximity to the towns of Clinton and Flemington.

(1) http://www.abajournal.com/news/article/preglimony_would_make_men_financially_responsible_for_pregnancies/
(2) http://legal-dictionary.thefreedictionary.com/alimony\
(3) http://en.wikipedia.org/wiki/Palimony

Bill Looks to Ensure Conscionability of Prenuptial Agreements

Wed, 29 Aug 2012 17:48:37 -0500

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.)

Prenuptial agreements cannot, however, be designed to leave one spouse without reasonable support; leave a spouse dependent on public assistance; or provide a spouse with a standard of living considerably less than he or she had prior to the marriage. (4) Such agreements are considered unconscionable. With the adoption of the aforementioned bill, New Jersey judges will take more care to see that this in fact does not happen.

Prenups essentially are financial agreements. Non-financial considerations within a prenuptial agreement are not binding in court and could, in fact, cause the courts to look less seriously at the agreement as a whole. There are limitations on what prenuptial agreements can include and these limitations vary by state. In general, however, prenups cannot include restrictions regarding the support or custody – including visitation rights – of children. (2) The agreements also should not make divorce more economically attractive than staying married.

Because the contents of a prenuptial agreement can vary, it is important to know what conditions are allowed in your state. It is also important to make sure the agreements are lawfully executed. (3) A knowledgeable family law attorney can help ensure that your prenuptial agreement would stand up in court. In Hunterdon County, the experienced family law attorneys at The Rotolo Law Firm (located in Lebanon, NJ) can assist you with prenuptial agreements and other marital issues.

(1) http://www.alliancealert.org/2012/08/22/senate-approves-bill-altering-evaluation-of-prenuptial-pacts-subscription/
(2) http://www.ehow.com/how_2060768_read-prenuptial-agreement.html
(3) http://www.freelegalaid.com/nav/new-jersey/prenuptual-and-postnuptual/article/prenuptial-agreements-new-jersey
(4) http://www.divorcesource.com/ds/newjersey/new-jersey-statutory-citation-on-prenuptial-agreements-3808.shtml