New Jersey Family Law Blog

Restraining Orders Don’t Go Away Until Rescinded by the Court

April 21, 2014 | Kearns Rotolo Law

restraining%20order%20arrest.jpg Restraining orders don’t just go away. That’s the lesson one New York couple learned after a routine traffic stop in New Jersey led to the driver’s arrest on contempt of court charges stemming from violation of an outstanding protection order.

Earlier this month, Clinton Township Patrolman John Tiger stopped a vehicle for failure to use a turning signal as the driver turned off of Route 31 into a business, according to news reports. During that stop, Officer Tiger discovered there was an outstanding order for protection, or restraining order, against the driver. He also learned that the person who sought the restraining order was the passenger in the car at the time of the traffic stop. However, she informed the police that she had changed her mind about the order and thought that it would “just go away.” ⁽¹⁾

Enforcing Alimony Payments across State Lines

April 7, 2014 | Kearns Rotolo Law

state%20map.jpg When alimony is awarded as part of a legal separation or divorce settlement, it becomes a legally binding agreement enforceable by the court. As such, the receiving spouse has recourse if and when the paying spouse fails to meet his or her payment obligation. Usually, this involves filing a petition with the court that issued the order to have the obligation enforced, assuming both parties still live within the jurisdiction of that court. What happens if the paying spouse moves to another state?

The Uniform Interstate Family Support Act (UIFSA), originally drafted in 1992 and amended as recently as 2008, was designed to ensure that orders of family support were honored across state borders. ⁽¹⁾ Although the Act primarily enforces the payment of child support, it also covers spousal support or alimony. ⁽²⁾

Court Paves the Way for Parents to Share in Liability for Their Children’s Harassing Behavior

March 24, 2014 | Kearns Rotolo Law

In 2011 New Jersey adopted its Anti-Bullying Bill of Rights in response to the Federal Government’s efforts to protect people, especially children, from this growing problem. Since then, schools have been responsible for addressing claims of bullying and harassment against their students to the point of monitoring even those activities that occur off campus but have the potential of affecting children when in school. Now, two Hunterdon County school districts are asking that the families of alleged bullies, as well as the bullies themselves, share in that accountability. ⁽¹⁾

A New Jersey Superior Court Judge recently refused to deny a motion filed by the Hunterdon Central High School and the Flemington-Raritan school districts requesting that if the districts are found liable for the harassment of one of their students, the bullies and their parents share the liability. Both districts are the subject of a lawsuit originally filed in February 2013 claiming they failed to take sufficient action to stop harassment toward one of their students. According to the lawsuit, the bullying began while the student was in fourth grade and continued through high school and involved both verbal and physical harassment. The lawsuit further claims that the harassment led to the victim developing health issues that required hospitalization for three months. ⁽¹⁾

Case Addresses How Far Parents’ Financial Obligation to Children Should Extend

March 10, 2014 | Kearns Rotolo Law

emancipation%20case.jpg

A current New Jersey case involving a Morris County high school girl who is suing her parents for support brings to light several questions regarding family law:

• Can and should courts interfere with parents’ rights to raise their children as they see fit?
• How far do parents’ financial obligations to their children extend?

• What defines an emancipated youth?

The case in question involves 18-year-old Rachel Canning who moved out of her family home after a disagreement over her parents’ rules and restrictions. Now Rachel is suing her parents for support, including continued payment of her private high school tuition and future college tuition. ⁽¹⁾

Another Attempt to Grant Adoptees Access to Medical History under Consideration

February 24, 2014 | Kearns Rotolo Law

medical%20records.jpg Efforts to provide New Jersey adoptees with access to their medical and genealogical histories while protecting biological parents’ rights to privacy are under way once again. ⁽¹⁾ This time, however, lawmakers hope they have found a workable compromise.

The latest revisions to a bill first introduced in 1980 are expected to be voted on by both the State Senate and the Assembly this week. ⁽²⁾ The revision would grant adoptees access to their birth certificates, including the identities of their biological parents, so that these adoptees would have open-ended access to family medical histories. As for the biological parents, the bill would allow them to stipulate whether or not they wish to be contacted. Those opting not to have any contact with the child they surrendered for adoption would be required to provide a detailed medical history and urged to update that history on an as-needed basis. ⁽¹⁾

Protecting Senior Citizens Against Telephone Scams

February 10, 2014 | Kearns Rotolo Law

senior%20scams.jpg It is a familiar story. An elderly woman from Watchung answered her phone last month only to be told that her grandson was in custody in Haiti and needed her assistance to bail him out. It was only after she had wired $1,990 that the woman realized she had been scammed. Her attempts to stop the wire transfer of money were unsuccessful. ⁽¹⁾

This is just one variation of the many financial scams targeting senior citizens. Sometimes the con artists will claim that the relative of the victim is in the hospital and in need of money. Other times, the caller will even pretend to be the victim’s relative, tricking the victim into revealing the name of the person he or she thinks is on the other end of the line, and then claim some type of financial crisis he/she needs help resolving. ⁽²⁾

Home Alone – When is it Okay to Leave Your Child Unattended

January 27, 2014 | Kearns Rotolo Law

baby%20in%20car.jpg At what age is it okay to leave a child unattended? In New Jersey, the answer depends on a number of circumstances, including where the child is being left.

A New Jersey appeals court recently ruled that a parent or custodial guardian who leaves a young child unattended in a motor vehicle, even if only for a few minutes, can be charged with abuse or neglect. This decision was in response to a 2009 case in which a mother left her young child asleep in a car seat while she ran into a store to purchase party supplies. Although she was gone only for a few minutes, the police were present when she arrived back at her car and she was arrested. Originally charged with child endangerment, the woman requested a hearing with Child Protective Services. However, since she did not deny leaving her child alone, her request for a hearing was denied.⁽¹⁾

If Law Is Approved, Certain Domestic Violence Offenders Could Be Monitored Electronically

January 13, 2014 | Kearns Rotolo Law

If Gov. Chris Christie signs a pending Bill before the current legislative session ends this week, certain domestic violence offenders could find themselves wearing electronic monitoring devices as part of a pilot program which would be implemented in Ocean County. If the Governor fails to sign the legislation, however, supporters of the Bill could find themselves back at square one.⁽¹⁾

The proposed law, titled “Lisa’s Law,” was named after a Toms River resident, Letizia Zindel, who allegedly was murdered in 2009 by her ex-fiance despite the fact that she had obtained a restraining order against him. The murder took place one day after the man was released from prison where he had been serving time for violating that restraining order. He later killed himself. ⁽¹⁾

Divorce Filings Rise Once the Holiday Season Ends

December 30, 2013 | Kearns Rotolo Law

New%20Year%27s%20divorce.jpg Even couples who are convinced their marriage is over hesitate to take the final steps toward divorce during the holiday season. Not wanting to disrupt their families during what is supposed to be a happy time, they put off the inevitable. For that reason, January has become the month in which the most divorce filings are recorded, earning it the name “divorce month.” ⁽¹⁾

Statistics say that half of all marriages end in divorce, but when considering that number, one must remember that statistics are merely estimations coupled with assumptions. ⁽²⁾ Still, the divorce rate in this country remains fairly high. Some people looking to end their marriage, however, prefer annulments over divorce. One reason is that a legal annulment can pave the way for a religious annulment down the road.

Alimony Reform Battle Continues in New Jersey

December 16, 2013 | Kearns Rotolo Law

The New Jersey Bar Association has joined the fight for alimony reform within the State. The problem, however, is that now two groups are fighting over whose proposed bill is better.

For over two years now, a group known as NJ Alimony Reform has sought to eliminate permanent alimony in the State. This group is now joined by the State Bar Association, which is also seeking to bring changes to the current laws regulating alimony payments, but the two groups are going about their goals differently, thus creating competition for lawmakers’ approval. ⁽¹⁾