New Jersey Family Law Blog

Proposed Law Could Make It Easier to Collect Child Support Payments across State Lines

October 9, 2010 | Kearns Rotolo Law

Child support is a court-ordered payment made by the non-custodial parent to help with the expenses of raising the child. It helps to assure that both parents retain responsibility for their children and that children do not suffer financially from the divorce of their parents.

Laws regulating child support payments vary from state to state; New Jersey has some of the strictest child support laws in the country.

In calculating the amount of child support payments, several factors are taken into consideration, including the fair income of each parent. This includes all wages, overtime, unemployment benefits and even lottery winnings. Also considered are the taxes and deductions taken from these wages. Only mandatory deductions, such as income taxes are counted; however, voluntary deductions are not. (1)

NJ Wants Schools to Address Teen Dating Violence

September 29, 2010 | Kearns Rotolo Law

The statistics are alarming: in one year, close to 1.5 million high school students in this country suffer physical abuse at the hands of the person they are dating. (1) This issue is not unique to any specific social, economic or racial group and the most serious cases end up in the headlines. Now New Jersey is considering steps to help stop this growing social problem.

This week a State Assembly panel approved a bill, introduced by the Education Committee, which would require schools to include lessons on dating violence in their health curriculum. The lessons would be geared toward middle and high school students in grades 7 through 12. In addition, teachers and other staff members would be trained to recognize the signs and handle incidents of dating violence that may occur at school. (1)

Planned Parenthood of Central New Jersey released the following statistics, supporting the need for education about this social issue:

How New Health Care Laws Will Affect New Jersey Families

September 25, 2010 | Kearns Rotolo Law

While the debate continues as to whether or not President Obama’s Health Care Reform Plan is beneficial for the country long term, several provisions of that plan took effect this week and are now enforceable by law.

Two of these changes, effective September 23, pertain specifically to children. No longer can children be denied coverage by an insurance company because of pre-existing health conditions and health coverage for children may continue under their parents’ insurance policies until they reach 26 years of age. (1)

Other changes forbid insurance companies from:

“Operation Take Back New Jersey” Offers Safe Way to Dispose of Medications

September 17, 2010 | Kearns Rotolo Law

On Saturday, September 25 New Jersey residents can safely dispose of their expired or unneeded medications through the federal Drug Enforcement Administration’s (DEA) “Operation Take Back New Jersey.” (1)

The program was introduced last year in an effort to provide New Jersey residents with a safe and legal way to dispose of medication no longer needed, keeping it out of the hands of New Jersey youth. Teenage abuse of prescription drugs has become a growing concern, both in the State and throughout the country. Statistics bear this out:

• 20% of U.S. citizens 12 and older have abused prescription drugs, according to a report by the National Institute on Drug Abuse;

Safe Haven Law Saves Babies and Parents

September 6, 2010 | Kearns Rotolo Law

This month, New Jersey’s Safe Haven Infant Protection Act celebrates its 10th anniversary. To date, statistics show that at least 47 babies, including one in Hunterdon County, have been surrendered safely under the provisions of this Act. (1)

This law was enacted to help prevent instances like that which occurred in Edison, NJ, this past winter. During a cold February snowstorm, a newborn infant boy was abandoned, wrapped only in a towel, on the hood of a car parked outside of a senior care facility. (2) He was just one of 32 infants abandoned illegally during the ten years that the State’s Safe Haven Law has been in existence. (1)

Fortunately, the Edison baby was discovered and brought to JFK Medical Center, where he was examined and found to be in good condition. Weather conditions on that day, however, could have caused a much different and tragic outcome. Officials estimated that a child left in those conditions probably would not have survived such exposure for more than one hour. (2)

Amber Alert Changes Clarify Guidelines

August 28, 2010 | Kearns Rotolo Law

When Terry Dusseault Sr. ran off with his 8-year-old son on August 25, police did not hesitate to issue an Amber Alert. The senior Dusseault was a registered sex offender and his brother was concerned about his mental condition when Dusseault Sr. took his son. The two were found unharmed the next day when a passing motorist spotted Dusseault’s car and notified police. (1)

That was not the case earlier this year for three-month-old Zara Malani-Lin Abdur-Raheem who was abducted by her father. It took several hours for police to determine that the infant was in danger. By the time they issued an Amber Alert, the baby’s father, Shamsid-Din Abdur-Raheem, had thrown her off the Garden State Parkway Bridge and into the Raritan River. Abdur-Raheem was indicted this week on several charges, including kidnapping and murder. He is being held on $2 million bail in Essex County jail. (2)

Should Doctors or Family Have Final Say over End-of-Life Medical Issues

August 20, 2010 | Kearns Rotolo Law

After the recent dismissal of a case by the New Jersey Appellate Division, the question of whether or not hospitals have the right to overrule family wishes in Do Not Resuscitate (DNR) matters remains unclear.

The case in question involved the family of Ruben Betancourt and Trinitas Regional Medical Center of Elizabeth, NJ. The then 73-year-old Betancourt was in a vegetative state for more than a year when the hospital removed him from life-support equipment and sought to issue a DNR order. Betancourt’s daughter, Jacqueline, brought the case to court where she sought to become her father’s legal guardian and fought the hospital’s decision. The State Superior Court ruled in her favor; the hospital was ordered to put Betancourt back on life-support and the DNR order was removed. (1)

Open Adoption Birth Records One Step Closer to Becoming Law

August 5, 2010 | Kearns Rotolo Law

This fall the New Jersey Assembly is expected to vote on the Adoptee Birthrights Bill, satisfying an issue of adoption that the State has been struggling with for about 30 years.

Under this Bill, adult adoptees or the parents of minor adoptees would be able to get copies of the adoptee’s original birth certificate and to have access to their medical histories and social and cultural backgrounds. Today adoptees in New Jersey can only access their original birth certificates through court order. (1)

When Religious Beliefs and the Law Clash

August 3, 2010 | Kearns Rotolo Law

Religion cannot be used as a defense for non-consensual sexual relations between a husband and wife, according to a recent ruling by the New Jersey Appellate Court.

New Jersey Lawmakers Seek Greater Protection for Families of Domestic Violence

July 30, 2010 | Kearns Rotolo Law

Two years after the murder of a New Jersey mother of two, state lawmakers are considering a bill that would increase protection for victims of domestic violence and the children of those families.

In June 2008, Monica Paul was shot and killed, allegedly by her estranged boyfriend, in a north Jersey YMCA while her 4-year-old son was in swimming class. The couple’s 11-year-old daughter witnessed the incident. Ms. Paul had taken out a restraining order against the boyfriend, Kenneth Duckett, shortly before the shooting. (1)