Children

Mendoza – An International Custody Battle

March 11, 2010 | Kearns Rotolo Law

With everything reaching a global level these days, child custody battles are no exception. Parental child abduction is a growing international problem, often the result of a failed marriage that ends with one parent taking the children to a different country. The problem affects parents in many countries.

The case of Alejandro Mendoza is one such international custody battle. Alejandro Mendoza suspects his five-year-old son and three-year-old daughter may now be in Korea, but he is not sure. Violinist Mendoza teaches during the day and performs at night in the Lion King orchestra on Broadway. Mendoza once played a French violin made in 1902 but had to sell it for something he loves even more — his children.

New Ruling on Child Support Modification

June 18, 2009 | Kearns Rotolo Law

Parties’ daughter was killed in an automobile accident on October 6, 2007. On January 10, 2008, the plaintiff filed a pro se motion seeking, inter alia, to reduce child support. The plaintiff argued that any modification should be retroactive to the date of the daughters death, while the defendant posited that the filing date of the plaintiff’s motion should go

The applicable law is N.J.S.A. 2A:17-56.23(a), which basically states that child support can not be made retroactive and will only be permitted from the date of the filing of the motion.

The issue here was whether child support is to be amended on the date of the child’s death or the filing date of the motion. There have been several scenarios where the courts have granted retroactive modification to child support. In the case of Keegan v. Keegan, 326, N.J. Super. 289, 741 A.2d 134 (App. Div. 1999), trial court granted a retroactive increase in the aspect of child support. Halliwell v. Halliwell, 326 N.J. Super. 442, 741 A.2d 638 (App. Div. 1999), dealt with the issue of retroactive modification of an obligor who was incarcerated for an extended period of time

Rotolo Law Firm key in New Jersey High Court Enunciating New Test for Tolling Child Sex Abuse Statute of Limitations

June 12, 2009 | Kearns Rotolo Law

Court Enunciates New Test for Tolling Child Sex Abuse Statute of Limitations

By Michael Booth

New Jersey Law Journal

Doctrine of Parental Immunity not a protection from ordinary negligence.

March 11, 2009 | Kearns Rotolo Law

Thorpe v. Wiggan, 405 N.J. Super. 68, (2009).

The doctrine of parental immunity has always protected parents from judicial intervention in normal child rearing decisions. The New Jersey Superior Court Appellate Division recently reexamined this doctrine in Thorpe v. Wiggan. This matter involves the tragic death of a four year-old child, Joseph Wiggan, who burned to death while a passenger in a car driven by his father. This is a negligence acting being brought by the child’s mother against defendant for failing to remove his son from the car before the fire started. The plaintiff appealed the order dismissing her complaint, and the appellate court reversed and remanded for a new trial.
There are two versions of the facts. The first was relayed by defendant to a state police detective via telephone. In this version, he was driving on Route 78 when he noticed that his car was emitting smoke. He then heard “2 bangs,” & he smelled the smoke also, so he pulled over into the shoulder. He got out of the vehicle checked around and so the car was full of smoke. His child was in the back seat, but he was unable to get him out. He wound up in the hospital. He got burned.

The second version of the events, the defendant claims he heard the same “2 bangs,” and he believed a tire blew up. The care then “blew up in flames.” He pulled the car to the shoulder, ran into the bushes and rolled to put the fire out that was on him. Plaintiff conceded that she had no claim against defendant for his second version of the events. Plaintiffs only claim lies under the State Police version.

Demystifying the imputation of income.

August 5, 2008 | Kearns Rotolo Law

“[A]ny party is free to retire, take a vow of poverty, write poetry, or hawk roses in an airport, if he or she sees fit. The only limit is discontinuance of the financial aid the former spouse requires. The reason for this is that the duty of self-fulfillment must give way to the pre-existing duty which runs between spouses who have been in a marriage which has failed.” Deegan v. Deegan, 254 N.J. Super. 350, 358-59.

No Binding Arbitration of Custody or Parenting-Time Issues, Court Says

July 21, 2008 | Kearns Rotolo Law

A three-judge Appellate Division panel recently ruled out binding, nonappealable arbitration as a way to settle custody and parenting time disputes. Arbitration is a favored remedy for settling disputes, but parties can’t bargain away the court’s obligation under the principle of parens patriae to ensure the best interests of children, the appeals court said.

New Jersey Parentage

August 17, 2007 | Kearns Rotolo Law

Paternity testing can cost up to $500, not including attorneys fees, should you desire representation.

If the father of your child contests paternity, you should file a Paternity Complaint wherein a hearing will take place and a paternity test will be scheduled. N.J.S.A. 9:17-38 is known as the New Jersey Parentage Act.

There are certain instances where paternity is presumed.

In New Jersey a Child Support Agreement that Deviates from the Guidelines is Superseded by the State when the Payee is a Recipient of TANF

August 2, 2007 | Kearns Rotolo Law

Let’s say you and your ex have an agreement, whether verbal or written, that you will pay to your ex $300 in child support, when according to the Guidelines, you should be paying $800. Well, this is obviously agreeable to the payor.

Your obligation will certainly change if your ex becomes a recipient of TANF, i.e. welfare. TANF stands for Temporary Assistance to Needy Families.

New Jersey: Termination of Parental Rights

July 10, 2007 | Kearns Rotolo Law

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In a recent New Jersey case, a mother’s parental rights were reinstated after the New Jersey State Supreme Court found that DYFS failed to prove the mother was unwilling and unable to eliminate threats of harm (in this case, the presence of the child’s father).

The Division of Youth and Family Services, more commonly known as DYFS, files for termination of parental rights. By clear and convincing evidence, DYFS must show the following: (1) the child’s safety, health, or development is endangered by the parental relationship; (2) the parent is unwilling or unable to eliminate the harm facing the child; (3) DYFS made reasonable efforts to provide services to help the parent; and (4) termination will not do more harm than good.

Custody – David Hasselhoff

June 21, 2007 | Kearns Rotolo Law

On June 15, 2007, former Baywatch star and singer, David Hasselhoff won full and physical custody of his two teenage daughters, 14 year-old Hayley and 17 year-old Taylor-Ann.

His ex-wife, Pamela Bach, has been granted alternate weekends and on Wednesday nights for dinner.

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