New Jersey Family Law Blog

As Nation Observes Domestic Violence Awareness Month, NJ Lawmakers Debate Bill to Track Abusers

October 6, 2014 | Kearns Rotolo Law

Almost five months after it was due, the State’s Attorney General’s Office issued its report on a proposed bill that would allow for electronic monitoring of certain offenders convicted of domestic violence. The report casts doubt on how reliable the program would be and raises issues about its cost.⁽¹⁾

Lisa’s Law, named after Letizia Zindell, a Toms River woman killed by her former fiancé in 2009, calls for the monitoring of certain domestic violence offenders by use of a GPS system that would warn their victims if they were in close proximity. For the monitoring system to work, both abusers and victims would be equipped with a GPS devise. The law was to be tested with a pilot program in Ocean County.⁽¹⁾

The bill won unanimous approval by State lawmakers at the end of last year, but was conditionally vetoed by Gov. Christie pending review by the State Attorney General to establish if the necessary technology was available. Although the report was due this past May, it was not released until October 1.⁽²⁾

In the report, the Attorney General pointed out that a similar monitoring system is already used by the State’s parole board to track certain offenders deemed to be high-risk and expressed concern with increasing the program to include both offenders and victims of domestic violence. Among areas of concern addressed were the unreliability of the necessary technology, which could give victims a false sense of safety, and the possibility the devices could be used by both offender and victim to harass each other. The report also raised questions about the willingness of victims to be monitored and the cost-effectiveness of the program. It was estimated that the pilot program alone would cost up to $2.4 million to implement.⁽²⁾

Assemblyman Troy Singleton, a Democrat from Burlington County, questioned the thoroughness of the research behind the report, noting it only cited examples from three counties located in Kansas, Minnesota and Missouri to back up its findings. Mr. Singleton, who together with Assemblyman Ron Dancer (R-Ocean County) has re-introduced the bill, cited a contrasting study conducted by the U.S. Department of Justice in 2012. According to that study, 149 out of 616 respondents representing 43 states, the District of Columbia and Puerto Rico used GPS technology to monitor domestic violence offenders.⁽²⁾ Continue reading ›

Governor Signs Revisions to State’s Alimony Laws

September 22, 2014 | Kearns Rotolo Law

Governor Chris Christie recently signed into law long-debated changes to the State’s alimony laws. The new laws represent the first significant changes to a system which, for years, has been criticized as being too harsh and outdated.⁽¹⁾

One of the major changes is the elimination of permanent or lifetime alimony. Under the new law, paying spouses can request their obligation end, or at least be modified, once they reach age 67, which is the federally recommended retirement age. A major criticism of the old law was that paying spouses often were forced to continue working well after reaching a reasonable retirement age in order to meet their court-ordered alimony obligations.⁽²⁾

The new law also imposes a limit on the duration of alimony payments in marriages that lasted fewer than 20 years. With the change, alimony payments awarded for such unions now cannot be ordered for longer than the term of the marriage. The law does, however, allow judges to order extended payments under certain exceptional circumstances.⁽²⁾

Another significant change is the ability for paying spouses to petition the court for a modification of their payment obligations when faced with the loss of a job. Under the previous law, the paying spouse usually had to be out of work for at least a year before a judge would consider a request for modification. Under the new law, such modifications could be requested if the paying spouse is out of work for three months.⁽²⁾

Additionally, the amended law makes it easier for the paying spouse to seek an end to payments, if the receiving spouse begins living with another person, with the inclusion of more specific guidelines about what constitutes cohabitation.⁽²⁾ Continue reading ›

Could New Jersey Parents Face Stiffer Penalties for Leaving Children in Cars?

September 8, 2014 | Kearns Rotolo Law

baby%20in%20car.jpg

It takes only minutes for the temperature inside a parked car to rise to dangerous levels and that can prove tragic for families when a child is left locked inside. Unfortunately, this situation occurs more often than one would think and New Jersey Assemblyman Ron Dancer (R-Jackson) has now introduced a bill that he hopes would cause all adults to pay closer attention when transporting children.⁽¹⁾

Currently, New Jersey law considers leaving a child unattended in a vehicle a fourth degree offense of child neglect. The new bill proposes imposing a fine of $500 on adults who leave children six years old and younger unattended in a motor vehicle. If such actions result in injuries to the child, the offense would be considered a third degree crime punishable by up to five years in jail and a fine of $15,000. If the child suffers serious injuries or death, the offense would be increased to a second degree crime carrying the possibility of a ten-year jail term and a fine of $150,000.⁽¹⁾

NJ Lawmaker to Propose Making Tracking without Consent a Crime Even for Spurned Spouses

August 25, 2014 | Kearns Rotolo Law

GPS%20FL%20blog.jpg For most of us, the term “GPS” has become shorthand for the navigational system we rely on to get from one location to another or to help find alternative routes in the face of traffic congestion or road detours. This same technology, which uses satellite signals to determine location, can also be used to track the whereabouts of a vehicle or person carrying the device, with or without that person’s knowledge.

Whether or not such GPS use constitutes a violation of privacy rights or protections from unlawful searches and seizures as guaranteed by the Fourth Amendment has been the subject of much debate over the past few years. Now lawmakers in Trenton are expected to grapple with at least one aspect of this question once again when they reconvene next month.⁽¹⁾

It has been reported that Assembly Republican Leader John Bramnick of Westfield is preparing a bill that would make it illegal in New Jersey to use a GPS device to track a person’s whereabouts without his or her consent, a restriction that would apply even to spouses looking to catch their partners in adulterous situations or other incriminating activities.⁽¹⁾

New Law Provides Assistance to Parents Involved in International Child Custody Battles

August 11, 2014 | Kearns Rotolo Law

international%20child%20abduction.jpg President Barack Obama last week signed into law the Sean and David Goldman International Child Abduction Prevention and Return Act providing more governmental support to American parents who are embroiled in international legal battles to regain custody of children who had been abducted by their ex-spouses and taken to a foreign land. The bill was inspired by the highly-publicized, five-and-a-half year fight by New Jersey resident David Goldman to regain custody of his son Sean.⁽¹⁾

Mr. Goldman’s battle began in 2004 when his then-wife took the couple’s son to visit family in her native country of Brazil. While there, the former Mrs. Goldman filed for divorce from her husband, sparking the beginning of the couple’s international custody battle. Eventually, the former Mrs. Goldman remarried but died shortly thereafter from complications suffered during childbirth. Rather than resolve the custody issue, her death complicated matters as her parents and then-husband continued her fight to retain custody of the Goldman’s son. Mr. Goldman continued his fight for custody, going so far as to enlist help from the U.S. State Department, before a Brazilian court eventually ordered the child returned to his father’s home in the States.⁽²⁾

Statewide Efforts to Collect Delinquent Child Support Payments Results in 760 Arrests

July 28, 2014 | Kearns Rotolo Law

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Earlier this month New Jersey law enforcement officials apprehended 760 parents who were delinquent on their child support payments, collecting about $130,996 of the $14,856,998 owed in back payments. In Warren County alone, 14 people, owing a combined $161,683, were arrested as part of this sweep and $240 in delinquent support payments was collected in Superior Court.⁽¹⁾

This sweep, conducted over a three-day period from July 15 through July 17, was the sixth annual effort by the State’s Sheriff’s Association. Sheriff’s officers were assisted by other law enforcement agents in their efforts. The goal was to apprehend non-custodial parents who had fallen behind in their child support, as well as parents who failed to attend court hearings at which orders for child support or medical support were to be set.⁽¹⁾

Scams to Steal Savings, Pensions and Even Medical Information often Target Senior Citizens

July 14, 2014 | Kearns Rotolo Law

senior%20citizen%20scams.jpg Numerous types of scams ranging in complexity from simple deceptions to elaborate Ponzi schemes are conducted every day. Unfortunately, these frequently are directed at senior citizens, perhaps the one segment of society that has the least opportunity to recoup their losses should they fall victim to a scam.

While the various types of scams are too numerous to list here, the following is a look at some of the more common ones, along with tips on how to avoid them. Remember, becoming aware is half the battle.

Alimony Reform Bill Wins State Assembly Approval

June 30, 2014 | Kearns Rotolo Law

alimony%20reform.jpg The New Jersey Senate today approved a bill designed to reform the State’s outdated alimony laws. The bill, which won State Assembly approval last week and would impact future divorce agreements if adopted, represents a compromise of various proposals State lawmakers have been considering for more than two-and-a-half years.⁽¹⁾ And, although it did not satisfy all elements the various interest groups involved sought, the proposed bill does address a number of concerns not provided for under the State’s current alimony laws.⁽²⁾

One of the biggest changes contained in the proposed bill is the elimination of the term “permanent alimony” which has been a major source of confusion. That term would be replaced with “open duration alimony” and courts would be provided with a specific list of factors to consider in determining the length of an alimony award and the circumstances under which payments could be terminated on a case-by-case basis. The factors to be considered include:

• The age of the parties when they married and separated;
• The ability of each party to maintain a standard of living;
• The need for separate residences;
• The level of dependence of one party on the other; and

• Any health or related issues of either party.⁽³⁾

Waiting to Walk Down the Aisle Presents Unique Issues for Couples to Consider

June 16, 2014 | Kearns Rotolo Law

married%20hands.jpg Waiting to marry appears to be a growing trend in this country and one that is expected to continue for the forseeable future. The average age for women marrying for the first time is approximately 27 years, while for men it is about 29 years, according to a recent article in AARP Magazine.⁽¹⁾

One reason behind this trend is that other events traditionally considered signs of adulthood are being postponed. Young people are waiting until they complete their education and establish themselves in the workforce before settling down. This in itself is taking longer as more people, especially women, are staying in school to pursue advanced degrees. Other contributing factors are alternative methods for starting families (i.e., adoption, surrogacy), and the fact that most people no longer believe marriage is essential to financial security.⁽²⁾

Proposed Bill Would Provide Caregivers with Information, Training Needed to Care for Family Members

May 30, 2014 | Kearns Rotolo Law

A new bill heading to the New Jersey State Senate for consideration would make it easier for caregivers to attend to patients upon their release from the hospital and, hopefully, cut down on the number of re-admissions.⁽¹⁾

The bill, which won approval by the State Assembly last month, would allow patients to designate a specific caregiver to assist them upon their return home. The hospital then would be required to include the name of the designated caregiver and his or her contact information on the patients’ medical charts. Furthermore, hospitals would be required to inform designated caregivers of their patients’ pending discharge and provide details of the patients’ post discharge care instructions along with any training needed to carry out those instructions. Hospitals would also be required to provide caregivers with the opportunity to ask questions regarding their charges’ care; provide answers to those questions; and provide a contact qualified to answer additional questions that may arise at a later time.⁽¹⁾