New Jersey Family Law Blog

Another New Jersey Child Sues Parents for College Tuition; Lawmaker Seeks to Prevent Future Cases

December 1, 2014 | Kearns Rotolo Law

New Jersey once again is grappling with the issue of how far parents’ financial obligations toward their children should go, particularly in relation to paying for their higher education. At least one State lawmaker is looking at ways to keep such decisions within the family and out of the courtroom.

In a legal battle that began last year, Caitlyn Ricci, a 21-year-old New Jersey resident, filed a lawsuit against Maura McGarvey and Michael Ricci, her divorced parents, seeking to force them to pay for her college tuition. Last month, a judge ruled in her favor citing a 1982 New Jersey Supreme Court ruling that made divorced parents financially responsible for the college education of their children.⁽¹⁾

Ms. Ricci’s case was originally filed in 2013 soon after she left her mother’s home and moved in with her paternal grandparents. At that time, Ms. Ricci’s parents were ordered to pay their daughter’s tuition at Gloucester County College, a public State school, provided Ms. Ricci applied for available scholarships and loans to help defray the costs. According to reports, the parents did not pay the tuition because their daughter did not meet her court-ordered obligations. This past summer, Ms. Ricci transferred to Temple University in Philadelphia, PA, and returned to court asking that her parents be forced to pay her tuition, which now amounts to $26,000 a year.⁽¹⁾

In hearing the case, the judge referred to Newburgh v Arrigo, the 1982 State Supreme Court case that decided divorced parents are responsible for providing college educations for their children, and ordered Ms. Ricci’s parents to pay $16,000 of her Temple University tuition bill.⁽¹⁾

This case is reminiscent of another case that made headlines earlier this year involving a then high school student, Rachel Canning, who went to court seeking emancipation and support from her estranged parents. That support was to include the continued payment of her private high school tuition costs, as well as payment of her future college tuition. That case eventually was dropped and Ms. Canning returned home to her parents’ house before moving to college this past fall.⁽²⁾ Continue reading ›

‘Gray Divorce’ Rates Are on the Rise

November 17, 2014 | Kearns Rotolo Law

The U.S. continues to hold the highest divorce rate out of any other country with an estimated 45% of unions expected to end in divorce, according to a study released last month. And while this rate has remained relatively steady for the past 20 years, what is on the rise is the number of divorces among the 50-plus age group.⁽¹⁾

According to the study, entitled “Gray Divorce: A Growing Risk Regardless of Class or Education,” about a quarter of all divorces in the year 2010 involved couples age 50 or older. In fact, the study pointed out the divorce rate for couples in this age group has doubled in the two decades between 1990 and 2010. While one in every four couples divorcing today is over age 50, one out of every ten is over age 64.⁽²⁾ An article in the November 2014 “AARP Bulletin” pointed out that the reasons behind these divorces are much the same as those for any other couple’s divorce regardless of age: general discontent, boredom, built-up grudges, the search for a different kind of life; falling out of love with your spouse or into love with someone else. The reasons why the divorce rate among this age group is increasing while the divorce rate among their younger counterparts remains steady is another story.

The study cited above suggests that one reason is this age group was the first generation to divorce and remarry in large numbers when they were younger and now as they near their retirement age, they are in their second or third marriage. Traditionally remarriages have been less likely than first marriages to succeed. Other reasons behind the rising rate, according to the study, include divorce having less of a social stigma than it did in the past, and people of that age group, particularly the women, having more financial resources available to them.⁽²⁾

Divorce over 50 does present its own set of obstacles for couples to overcome. Because these couples have been involved in long-term relationships, they have had the time to acquire more financial assets – and debts – than their younger counterparts, and have to deal with the distribution of retirement assets and the divvying up of businesses and real estate holdings, as well as debt in the form of joint credit cards and loans.⁽³⁾

Retirement is a major issue for these couples. Because they are nearing retirement age, there is little time for them to recoup financial losses or overcome financial hardships. Divorce itself can put a strain on any bank account – legal fees, counseling expenses, and sole responsibility for previously shared expenses all add up at a time when these couples are moving past their peak earning years. The “AARP Bulletin” cited data showing that after divorce the average income for a man drops about 23% and for a woman by about 41%. Added to this is the fact that retirement costs are significantly higher for divorced individuals than for couples. In fact, retirement costs were 40% to 50% higher on a per-person basis for divorced couples than for married couples.⁽³⁾ Continue reading ›

Teens Join State Lawmakers in Efforts to Reduce Suicide Rate among Young Adults

November 3, 2014 | Kearns Rotolo Law

Although New Jersey ranks among the three states to claim the lowest suicide rate, suicide does remain a serious issue that has been attracting a lot of attention lately. Among the groups working to increase awareness of this growing problem is the group most affected by it – teens and young adults.⁽¹⁾

According to the Center for Disease Control (CDC), statistics compiled in 2010 showed that suicide ranks second as the leading cause of death for people between the ages of 10 and 24. A Youth Risk Behavior Survey conducted in 2011 disclosed that one out of every seven high school-age students in the U.S. has either attempted or considered suicide.⁽¹⁾

These sobering statistics have led other young adults in New Jersey to take action to raise suicide awareness. Keystone Club members from the Boys and Girls Club of Jersey City were instrumental in preparing a bill currently being considered by the State legislature.⁽²⁾

The “Boys and Girls Club’s Keystone Law” would allow minors to get help from therapists and social workers without prior consent of an adult, much like existing bills which allow teens and young adults to receive treatment for alcohol or drug abuse, sexual assault, certain sexually-transmitted diseases, HIV and AIDS without adult consent. The bill, if passed, would add New Jersey to the list of 16 other states with similar laws on their books.⁽²⁾

The CDC stated that one out of every three deaths in the 10 to 24 age group is due to suicide. Based on these numbers, it estimates there will be about 2,000 suicides and 5,000 attempted suicides each year by this age group. The Keystone group believes that giving minors direct access to treatment will help them overcome the stigma that too often keeps them from seeking the help they need.⁽²⁾

Custodial Grandparents Can Take Steps to Formalize Relationships with Their Grandchildren

October 20, 2014 | Kearns Rotolo Law

A recent Woman’s Day magazine article discussed “grandfamilies” or households in which grandparents fill the role of parent for their grandchildren and how these situations are becoming more common. The article cited a number of factors contributing to the need for this arrangement, including a rise in drug use between 2002 and 2012; a 25% jump in the number of young parents imprisoned between the years 1997 and 2007, and a recent recession which left many people without work. Whatever the reason, there are more grandparents parenting their grandchildren than one may think.⁽¹⁾

The 2010 Census showed that one out of every ten children in this country lives with a grandparent. That Census also disclosed that in the U.S.

7 million grandparents have at least one grandchild under the age of 18 living with them;
Of those grandparents, 2.7 million were caregivers, meaning they were in charge of providing the basic needs for their grandchildren;
A little more than half of the caregiving grandparents – 1.7 million – were still actively employed;
About 670,000 of those caregiving grandparents had a disability.⁽²⁾

Custodial grandparents come from all walks of life representing all socio-economic strata and ethnicities. And, while stepping up to fulfill a need in a child’s life may be admirable, it does not come without risks.

Oftentimes these arrangements occur when parents face some type of tragedy – loss of job, imprisonment, addiction – and, when these troubles are resolved, they look to regain custody of their children, sometimes leading to contentious or strained relationships between parent, child and grandparent. In order to preserve their relationships with their grandchildren, custodial grandparents are often urged to legalize these relationships.⁽³⁾ Continue reading ›

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

child%20support%20sweep.jpg

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⁾