Monthly Archives: February 2013

NJ Senate proposed Bill 2427 would permit a restricted license for persons suspended for DWI to be able to drive to work

Click the link above for more details. This is pretty big news. I’m generally in favor of laws like this, but these sorts of privileges need to be worked out on a case-by-case basis, in my opinion. What’s your opinion? 

Linked from http://www.njlaws.com/ – Kenneth Vercammen & Associates, P.C.

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February 26, 2013 · 1:51 PM

Reader Suggestions! This one’s of special interest to real estate professionals.

This one comes courtesy of one of our local real estate agents, who asked me about a fairly common problem agents run into:

What happens when an agent is appointed by the court to serve as a divorcing couple’s real estate agent, and one of the parties refuses to cooperate with selling the marital home?

This is a situation I have litigated in the past and I am pleased to report that New Jersey caselaw has recently evolved to permit an application from the aggrieved spouse to sell the home without input from the obstinate party. In other words, if you’re the wife whose husband won’t do anything to help sell the house, I can ask the judge to allow the sale without his cooperation at all.

These applications are becoming more and more frequent. Courts will not stand anymore for this sort of behavior.

If you want to talk to me about this or any other legal issue you may have, please contact me at 973-584-5402 or at yourfamilylawyers@att.net.

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Huge DYFS News – Big NJ Supreme Court Ruling. You need to see this.

Allison C. Williams, Esq., Co-Founder and Partner at Paragano & Williams, LLC and newjerseydyfsdefense.com, reports on a major development on the issue of whether DYFS is permitted to take a newborn away solely based on the mother having done drugs during the pregnancy:

The New Jersey Supreme Court has put its foot down against DYFS automatically ripping custody of a newborn child from its mother due to evidence the mother used drugs during pregnancy. Without expert evidence that the child has been harmed or is in imminent danger or at substantial risk of harm, the Division of Youth and Family Services (DYFS), n/k/a the Division of Child Protection and Permanency (DCPP) cannot enter a finding of abuse and neglect under Title 9, the unanimous court held Wednesday…

For full details, please check out the full post at http://newjerseydyfsdefense.com/2013/02/07/supreme-court-rules-no-automatic-abuse-from-drug-use-during-pregnancy/

Thanks to Ms. Williams for authorizing the re-blogging of this article.

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How About That?

How About That?

You can join the legions of people who have checked me out on LinkedIn just by clicking on the picture!

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February 7, 2013 · 1:48 PM

Newsflash: Palimony Law

The Appellate Division has just ruled that in all cases from 2010 forward, all palimony agreements must be in writing to conform with New Jersey’s Statute of Frauds. This law may have the unfortunate result of retroactively grant relief to a lot of fathers who made promises they never intended on keeping. Time will tell!  

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So how do I emancipate my kid? He’s 18. Let’s do this.

I get a lot of frustrated people contacting me telling me about how they shouldn’t be paying child support anymore. I get the frustration. It happens all the time. Mom alienated the kid; kid hates you; haven’t had visitation in 5 years; kid has a job; just won’t move out of mom’s house. Besides, mom just spends all the money on herself, anyway.

I’ve heard it all. And I’m here to help. What do you have to prove in court to have child support cut off? I’ll explain the basics below. Obviously, this blog is no substitute for actual advice from an attorney you hire to represent you, but you are, of course, welcome to hire any divorce attorney you’d like. I recommend me.

The terms of what legally constitutes emancipation should be listed in your Marital Settlement Agreement. But if they’re not, it’s okay. Emancipation is defined by a statute. N.J.S.A. 9:17B-3. The long and short of it is this:

If your child is over 18 years old, he or she is legally emancipated. 

HOWEVER:

All this means is that the person receiving child support has the burden of proving that the child still requires financial support. This burden is satisfied through proving any of the below:

  • The child is still in high school;
  • The child is enrolled in college;
  • A health condition exists that prevents the child from being self-sufficient; or
  • Any other factor recognized as legitimate by NJ case law.

If your ex proves any of the above, the burden then shifts to you to prove that there is a genuine issue of fact over whether he or she still needs your child support money. If you can prove that, the judge will order a proof hearing in the future so you can present your case in fuller detail.

A lot of work goes into these things and they tend to be very emotionally charged. For those reasons, I caution against going into one of these things without a lawyer. I wouldn’t do it, and I am a lawyer.

I’m here to answer your questions about this or any other divorce issue you may have. Feel free to contact me at 973-584-5402 or at yourfamilylawyers@att.net.

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