New Jersey Family Law Blog

New Laws Offer Help to Victims of Domestic Violence

January 10, 2011 | Kearns Rotolo Law

As 2010 was drawing to a close, New Jersey lawmakers were busy adopting bills to improve the rights of victims of violent crimes including victims of domestic violence.

The first bill, which was signed into law last month by Gov. Chris Christie, extended the time-frame under which victims of violent crimes, including domestic violence, could, under certain circumstances, collect compensation benefits from the State through the Victims of Crime Compensation Office (VCCO).

Previously violent crime victims or, in some cases, their dependents and families, could receive State benefits to cover expenses incurred as a result of the crime for a period of five years after the crime was committed. Those expenses may include physical and mental medical bills and relocation costs.

Child Support Sweep Nets Hundreds of Delinquent Parents

December 13, 2010 | Kearns Rotolo Law

Efforts by the 21 sheriffs’ departments throughout New Jersey resulted in the arrest of some 953 people on charges of failure to pay child support. Those arrested owed over $14 million in combined child support payments. As of December 10, the State had collected about $233,000 or that amount as a result of the arrests. (1)

This three-day sweep was a cooperative effort by New Jersey’s Child Support Services and the State’s Sheriffs Association to ensure that non-custodial parents abide by the court ordered child support payments. These sweeps seek out both parents who are in arrears on their child support and those who neglect to attend court hearings to set up medical and/or support payment schedules. (2)

New Jersey’s Child Support Agency is entrusted with ensuring that child support payments are made in accordance with court orders. The Agency uncovers incidents of non-payment or late or partial payment of support and takes action to rectify the situation. Those actions can include, but are not limited to, withholding income, seizing assets such as lottery winnings and/or settlements or awards resulting from civil suits, and offsetting tax refunds. (3)

Legislation Would Protect Housing for Seniors on Medicaid

December 4, 2010 | Kearns Rotolo Law

A new bill being considered by New Jersey lawmakers would ensure that seniors residing in assisted living facilities would keep their housing even after their money ran out and they qualified for Medicaid. (1)

The bill would require companies that operate assisted living facilities within the State to set up escrow accounts that would be used to cover the living and care expenses of residents at similar facilities should the company close its facilities for any reason. In this way, companies would be prevented from evicting individuals who have spent all of their money and subsequently qualify for Medicaid. (1)

This measure is in response to a 2009 case involving Assisted Living Concepts, a Wisconsin-based company that operates over 200 facilities in 20 states, including 7 in southern New Jersey. Originally the company promised potential residents that once their financial resources were depleted from payment of their living expenses at the facility, they would then be allowed to apply for Medicaid, which would be acceptable payment for their subsequent living expenses at their facility. However, an investigation by the State’s Public Advocate found that the company instead tried to evict residents once their personal financial resources were depleted. (2)

Underage Drinking Leads to Serious Consequences

November 23, 2010 | Kearns Rotolo Law

A New Jersey apartment complex was hit with a $7.4 million judgment and an Old Bridge teenager was put under house arrest in two separate incidents involving underage drinking.

A jury found the Excelsior Apartments in Hackensack culpable in a hit-and-run accident, which left a New Jersey cardiologist seriously injured because the driver involved was drinking at a complex-hosted party just prior to the accident, despite the fact that he was under the legal drinking age. (1)

Dr. Henry Lau, former chief cardiologist at Hackensack University Medical Center, suffered multiple injuries when he was hit by a speeding car driven by 20-year-old David Figueroa. Figueroa fled the scene of the accident but was later caught and charged with assault by automobile and with leaving the scene of an accident. (1)

Over 200 Children Find Their “Forever” Home in New Jersey during National Adoption Month

November 20, 2010 | Kearns Rotolo Law

Some 220 children from New Jersey’s foster program found their “forever” homes this week when their adoptions were finalized in court procedures throughout the State. (1)

November is recognized as National Adoption Month. In celebration of this, counties throughout the State held a series of activities sponsored in a cooperative effort by the Department of Children and Families (DCF) and the court system. These activities culminated in the finalization of adoptions held during the week of November 15 with the largest number of adoptions taking place in Essex County where the adoption of 60 foster children were finalized. In the Hunterdon/Somerset/Warren County area, six foster children were legally adopted as part of these proceedings. Private adoptions throughout the State were also honored during this observation. (1)

The adoptions in New Jersey included the placement or reunion of siblings within the same adoptive family, special needs placements, teenage adoptions and adoptions by relatives or next of kin, as well as infant adoptions resulting from the State’s Safe Haven Program. Under the Safe Haven Infant Protection Act, individuals are able to anonymously and legally surrender unwanted infants under 30 days old at any police station or hospital emergency room throughout the state. (1)

New Jersey Company Expands Blind Recall Following Death of Toddler

November 13, 2010 | Kearns Rotolo Law

Hanover Direct Inc., a Weehawken, NJ company, has agreed to recall approximately 495,000 roman shades and 28,500 blinds following reports of the accidental death of a 22-month-old toddler from Cedar Falls, IO. Meanwhile, the blind industry is working to develop better standards for manufacturing safer window coverings in an effort to protect children from similar accidents. (1)

The Consumer Product Safety Commission (CPSC) reported that the young boy was discovered by his father last May trapped in the cord of a roman shade. The toddler was rushed to the hospital, where he later died. It is estimated that one child dies each month in similar accidents. (1)

The problem is that young children can get tangled easily in the cords used to pull the shades up and down. The CPSC estimated that about 250 young children, including infants, have died from strangulation involving blind cords since 1990,. (2)

Bills Offering More Protection to Domestic Violence Victims Win Assembly Judiciary Committee Approval

November 2, 2010 | Kearns Rotolo Law

Last month the NJ Assembly Judiciary Committee approved three bills designed to help the New Jersey’s domestic violence victims. The bills address the issues of bail restrictions for restraining order violators, self-defense justification pleas, and lease and rental protections for domestic violence victims. (1)

Under the first bill, violators of restraining orders resulting from domestic violence incidents would be required to post the full amount of their bail, as opposed to the 10% currently required. The bail would need to be paid in cash or by bail or surety bond. In addition, bail would be increased to a minimum of $5,000 if the violation of the restraining order was criminal in nature and to a minimum of $2,500 if the violation amounted to a disorderly person offense. (2)

The second bill paves the way for a self-defense plea for victims of domestic violence. This bill would allow evidence of domestic violence restraining orders to be admitted and considered in cases where individuals protected by the orders used force to protect themselves against their abusers. (1)

Parents Fight School District’s 24/7 Behavior Policy

October 27, 2010 | Kearns Rotolo Law

Can schools dictate student behavior when classes are not in session? That’s the basis for a court battle between parents and the Haddonfield School District. At issue is the District’s “24/7 Policy” which states underage students caught drinking will be barred from sports and other extra-curricular activities. (1)

The school contends that extracurricular activities are a privilege, not a right, and therefore can be taken away. It also claims students representing the District through sports and other activities can be held to a higher standard. Some parents, on the other hand, argue that the school is overstepping its bounds; monitoring a child’s behavior outside of school is a parental obligation. (2)

Earlier this month, Haddonfield School District won a round when a U.S. District Court refused to oppose the policy. The Court stated there was insufficient proof the policy violated anyone’s rights. As the school pointed out, students do not have to participate in any activities and, if they chose not to, would not be subject to the behavior guidelines. The District now is seeking dismissal of the lawsuit. (1)

New Bill Seeks More Training, Parent Involvement for Teen Drivers

October 22, 2010 | Kearns Rotolo Law

A State lawmaker has introduced a new bill that would amend New Jersey’s Graduated Driver’s License program to provide teens with more training and require parental involvement before those teens could obtain their driver’s licenses. (1)

This bill comes in response to a national study conducted by the American Automobile Association (AAA). The study found that almost half of the parents surveyed felt their teens were lacking experience in one area or another, experience that was necessary to be safe, unsupervised drivers. Among the areas cited where teen driving experience was lacking were heavy traffic/ highway conditions and rainy conditions. (2)

Assemblyman John Wisniewski (D-Middlesex) sponsored the bill which would increase the amount of training and experience teens receive before getting their licenses and require parents or guardians to accompany their teens to a driver-orientation program specifically designed for teens. (3)

U.S. Pressures Japan to Act on International Parental Child Abductions

October 16, 2010 | Kearns Rotolo Law

Child custody issues are difficult enough to resolve, but when parents abduct their children to foreign countries, the matters become even more complicated. Child abductions to Japan by parents or other family members prove to be among the most complicated to resolve.

The 1980 Hague Convention on the Civil Aspects of International Child Abductions promotes returning abducted children to the country they originally came from, but even with this treaty, resolution of these cases is difficult. (1)

A prime example is the case of Tinton Falls resident David Goldman and his son, Sean. Sean was taken by his mother to Brazil, her home country. While there, she filed for divorce and kept Sean with her. She subsequently died but Sean remained in the custody of his stepfather. Brazil is one of the countries that is party to the Hague Convention and still the legal battle to get Sean back to the U.S. took five years. (2)