New Jersey Family Law Blog

Bill Allows for Reduced Child Support Payments In Face of Changing Circumstances

February 19, 2012 | Kearns Rotolo Law

Daily headlines are filled with stories of layoffs and dismal unemployment rates as our economy continues to flounder. People are finding it harder to meet their financial obligations as they face pay cuts or worse – loss of wages. Recognizing our current difficult financial environment, the New Jersey State Senate recently passed a bill that could ease child support obligations for the newly unemployed. (1) If, after reading the following, you need assistance with child support issues, particularly in Hunterdon County, contact the family law attorneys at The Rotolo Law Firm in Lebanon, N.J.

The State Senate on February 16 unanimously approved a bill that would enable people who have experienced a significant change in employment to petition the court for a reduction in their alimony and child support obligations. A “significant change” has been defined as having their wages reduced significantly or being unemployed for more than six months. (1)

New Jersey family courts have long had the authority to reduce support payments in the event of changed financial circumstances under common law. The new bill, however, makes this authority official. (2)

Where Children Are Concerned, A Name Change Is Not Necessarily A Simple Matter

February 5, 2012 | Kearns Rotolo Law

When a couple divorces, it is easy to understand why some may want to erase all evidence of the failed relationship. That’s one reason behind women reclaiming their maiden names as part of their divorce settlements. But when children are involved, such decisions are not so easy. If, after reading the following, you need assistance with custody-related issues, contact the family law attorneys at The Rotolo Law Firm in Lebanon, N.J.

The New Jersey Appellate Court recently reversed a ruling by a Burlington County Superior Court judge granting a mother permission to change her children’s surname following her divorce from their father. While the couple shares legal custody of their two children, the mother is the parent of primary residence. (1)

The couple divorced in 2010, ending an 11-year marriage. Shortly thereafter, the mother changed the children’s surname to a hyphenated version of her and her ex-husband’s last names without consulting the children’s father. The father filed with the court to have his children’s name changed back. The mother countered with her own petition to change the children’s name to her own. (1)

NJ Supreme Court Win by Rotolo Law Firm Helps Pave Way to Passage of NJ Bill

January 27, 2012 | Kearns Rotolo Law

In an article dated January 5, 2012, Matt Friedman, Statehouse Bureau reported on the Assembly panel approval of a bill that removes the State’s two-year statute of limitations for lawsuits for child sexual abuse. Victor Rotolo’s 2008 landmark case paved the way for this change. Read Matt Friedman’s article here.

New Jersey Joins Four Other States Allowing Proxy Marriages for Military Personnel

January 22, 2012 | Kearns Rotolo Law

New Jersey service men and women no longer have to put off their wedding plans due to deployment to active duty thanks to new legislation signed into law by Gov. Chris Christie last week. The law allows for marriage by proxy for military personnel stationed overseas. (1) If after reading the following, you need a Hunterdon County lawyer that can assist you with a proxy marriage or other marriage issue, contact the family lawyers at The Rotolo Law Firm.

The new bill was a bipartisan effort sponsored by Republican Sen. Diane Allen and Democratic Assemblyman Herb Conaway. It gained full Legislature approval on January 9 and was signed into law on January 17. (2) As a result, New Jersey residents actively serving in our Armed Forces no longer have to put off the benefits of marriage merely because one of them is deployed for military action.

A marriage by proxy is one in which someone with a power of attorney stands in for the bride or groom who cannot be present for the wedding formalities. Proxy marriages are not new and, in fact, have been around for centuries — Napoleon married Marie Louise by proxy; a number of Japanese “picture brides” married their American husbands by proxy in the early 1900s; (3) and cosmonaut Yuri Malenchenko married Ekaterina Dmitriev by proxy while he was serving on the International Space Station. (4)

State Is Considering Waiving Waiting Period for Marriage Licenses

January 7, 2012 | Kearns Rotolo Law

The wait may soon be over for couples seeking to marry in New Jersey as the State Assembly considers a proposal to allow for same-day issuance of marriage licenses. (1)

Some requirements for marriage licenses can vary by municipality (2), so if you have questions regarding laws governing marriages in Hunterdon County, the family lawyers at The Rotolo Law Firm can help. Basically, however, there is currently a three-day or 72-hour waiting period for marriage license applications in New Jersey. Originally, this waiting period was intended to make sure couples gave sufficient thought to what is supposed to be a lifetime commitment. (3)

Two Democratic representatives, Sen. Nicholas Scutari of Union and Assemblyman Lou Greenwald of Camden, last month proposed a bill that would eliminate this waiting period.(4) That proposal was approved this week by the Assembly Budget Committee and now awaits a vote by the full Assembly expected this Monday. However, a plan currently in committee has not yet been approved by the Senate. If that plan does not gain approval by Monday, efforts will have to start all over again. (5)

Judge Considers Special Circumstances When Granting Custody to Gay Partners

December 28, 2011 | Kearns Rotolo Law

In a complicated case involving same-sex unions and surrogacy, a Hudson County judge recently put controversy aside and decided custody of twin girls based on their best interest. All custody cases carry their own complications. If, after reading the following, you have questions regarding custody issues in Hunterdon County, contact the family lawyers at The Rotolo Law Firm in Lebanon, NJ.

This particular custody case involves Donald Robinson Hollingsworth, Sean Hollingsworth and Donald’s sister, Angelia Robinson. Donald and Sean, partners who were married in California, currently reside in Jersey City. The men, wanting a family, entered into a surrogacy agreement with Donald’s sister, under which she agreed to carry a child – or twins, as it turned out – for the couple. The twin girls were conceived through in vitro fertilization with a donor embryo fertilized by Sean. (1)

Following a complicated birth, the men assumed custody of the twin girls, allowing for visitation with Ms. Robinson. In time, however, the relationship between brother and sister deteriorated, eventually winding up in a lawsuit. In 2009 a judge declared Ms. Robinson the legal mother of the girls even though she had no genetic ties to them. (2)

Will New Jersey Follow Massachusetts’ Lead in Alimony Reform?

December 12, 2011 | Kearns Rotolo Law

At least one private New Jersey citizens group is working toward making sure the words “till death do us part” refers to marriage and not alimony payments. The group, New Jersey Alimony Reform, is hoping State lawmakers can be persuaded to follow the example set by Massachusetts earlier this year and reform New Jersey’s alimony laws. (1)

Laws affecting the award and calculations of alimony payments vary from state to state. (2) If you have questions regarding New Jersey’s current alimony laws, particularly in Hunterdon County, contact the divorce lawyers at The Rotolo Law Firm in Lebanon, NJ.

This past fall, Massachusetts’ governor signed into law reforms that would eliminate lifetime alimony. Now, New Jersey and Florida are considering similar changes. (1)

Holland Township Couple Fights for Custody of Newborn Son

November 23, 2011 | Kearns Rotolo Law

Custody is defined as having the legal responsibility to care for and/or make decisions on behalf of a child under 18. (1) Most consider it a parental right, but there are times when the custody of a child can be threatened and the advice of counsel such as the family lawyers at The Rotolo Law Firm may be warranted.

Various factors can threaten custodial rights. You can be engaged in a custodial battle with an ex-spouse or you can lose custody to authorities as a result of abuse or neglect allegations. Often in divorce, agreements can be reached whereby parents have shared custody or at least visitation rights. Fighting to regain custody from child welfare authorities can be a different story. One Holland Township couple has found themselves engaged in such a battle for the past two years.

The couple, Deborah and Heath Campbell, lost custody of their three children in 2009 and just this week appeared in court once again – this time to fight for custody of their infant son. (2)

Increase in Income Following Separation Can Be Considered When Determining Alimony Payments

November 12, 2011 | Kearns Rotolo Law

When a couple comes to an agreement to terminate their marriage, getting a court to make it official usually is not an issue. Resolving the associated aspects of divorce is where it can get complicated. If you are seeking a divorce in Hunterdon County, the family law attorneys at The Rotolo Law Firm can assist you.

Divorce is an emotionally trying process for all involved. Once a couple has come to terms that their relationship is over, they still must deal with the often heated issues related to the dissolution of their marriage — child custody and support, fair and equitable distribution of assets and, perhaps the most contentious of all, alimony.

Alimony is a payment of support from one spouse to another. In New Jersey married couples are responsible for supporting each other. This holds true even after the marriage ends. Alimony is designed to ensure that both spouses can enjoy a lifestyle reasonably similar to the one they had while married. (1)

Even Federal Agencies Are Bound to Comply with Child Support Orders

November 1, 2011 | Kearns Rotolo Law

New Jersey, like most other states, takes the issue of child support seriously. There are processes in place to aid those seeking to collect child support and stiff penalties for those who fail to make their payments. If, after reading the following, you need a Hunterdon County lawyer to assist you with child support issues, contact The Rotolo Law Firm, located in Lebanon, NJ.

Ensuring the payment of child support is primarily the responsibility of individual states. The federal government, however, does provide financial support to state agencies entrusted with this job. In addition, legislation is in place prohibiting someone from using a bankruptcy filing to avoid child support obligations, and it is a federal crime to willfully avoid such payments by moving to another state. Still it is the state’s responsibility to enforce court orders, and even federal agencies are bound to comply with state-ordered child support payments. (1)

States have various means by which they can enforce payment of child support, including garnishment of wages or unemployment payments and liens on or the seizure and sale of property. Even Social Security payments, which are exempt from most garnishments, can be attached for child support payments. (2) While the Social Security Administration (SSA) is bound to comply with state-ordered child support payments, it is immune from suits for damages resulting from its failure to follow such orders. (3)