Tag Archives: New Jersey

NEW JERSEY ALIMONY REFORM: A COMMON SENSE TRANSLATION

AlimonyBy Toni Ann Russo, Esq.

Even many attorneys are unsure as to what impact the New Alimony Laws are going to have on Alimony and Divorce Cases going forward.

The Law is being applied prospectively so that cases filed for the first time after the law’s effective date will be effected as well as older cases where one of the parties seeks modification of an existing alimony obligation should there be no property settlement agreement defining the parameters of a modification. Additionally the court redefines retirement, reduction in income and cohabitation which will be applied to all cases requiring such a determination.

The new law directs that for marriages less than 20 years, the “limited duration” of alimony cannot be for longer than the length of the marriage. (except in exceptional circumstances) If the marriage is 20 years or over, a party is entitled to what is known as “open durational alimony” which may turn out to be similar to the previous “permanent alimony”.

What about these “exceptional circumstances” that could impact on the duration of alimony? The new law provides that certain “exceptional circumstances” may result in a duration of alimony longer than the marriage Age, degree of dependency, illness, career sacrifices, disproportionate share of estate, impact of the marriage on ability of spouse to support himself/herself, tax considerations, or any other factors just and equitable.

The court is also free to consider the nature, amount and length of support payments made during the divorce in rendering an alimony award.

While the new alimony law places limits on the duration of alimony I expect the law to impact permanent alimony cases the most. Most of the temporary alimony cases in the past did not result in durations more than the term of the marriage anyway. And while a court may consider the payor spouses early retirement, full retirement age is now defined as that age which a person is eligible to receive full retirement benefits under section 216 of the Federal Social Security Act, such that it may still prove difficult to retire early and not pay alimony. In fact, the new law allows a party to apply before retirement for a ruling as to whether or not they will still have an alimony obligation should they retire. This provision is a welcomed addition.

If you would like a FREE INITIAL ALIMONY OR DIVORCE CONSULTATION call 201-343-2(LAW)529 or

contact us at http://www.toniesquire.com

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ADOPTION LEGISLATION OPENS DOOR FOR CONTACT WITH BIOLOGICAL FAMILY

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Gov. Chris Christie announced Monday he would support a law enabling adoptees to obtain their birth certificates. A previous court decision had sealed adoption records since 1940.The governor however, has requested that the law not take effect until 2017, allowing parents time to decide whether they wanted to be found.60s.s views had changed, and that New Jersey needed to catch up. Once signed into law, New Jersey will be the 12th state to provide access to birth certificates in addition to Alabama, Alaska, Delaware, Illinois, Kansas, Maine, New Hampshire, Ohio, Oregon, Rhode Island and Tennessee.

The compromise legislation allows birth parents to submit a form to the state Health Department saying whether they want direct contact, contact through an intermediary, or no contact and their name redacted. Birth parents who surrendered a child before Aug. 1, 2015, would have until Dec. 31, 2016, to submit the form.

For adoptions finalized after Aug. 1, 2015, birth certificates would be available in their entirety, and birth parents would be able to submit a form indicating their preference. Under the legislation, a birth parent who requests no contact will be encouraged to provide the Health Department with updated family information every 10 years until age 40, and once every five years after that. In addition, the state will notify the adoptee when information is added.

Adoptees over age 18, their children, brothers and sisters, husbands and wives, or adoptive parents or guardians would be able to request a copy of the original birth certificate, the birth parents’ preference on how or whether to be contacted, and other pertinent family information.

 

 

Illegal Immigrants may get to legally Drive in New Jersey

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 Democrats have introduced a bill to the state Legislature that would allow unauthorized immigrants to legally drive in New Jersey.

Under the bill, the State of New Jersey would be required to issue photo “driving privilege” cards to residents who could not prove that they were in this country legally but were able to show they lived in the state.  The proponents of the bill see it as a step to increase public safety.  It is expected that the bill will face opposition by Republican lawmakers. Similar bills that were submitted in the past did not make the grade leaving the outcome of the present bill at best uncertain. However, the issue will no doubt spur debate as republican opponents believe a measure would make it easier for those here illegally to continue breaking the law. Under current state law, immigrants must at least have temporary visa status to get a driver’s license.

The bill proposes to charge officials who discriminate against card holders with deprivation of civil rights, punishable by up to three to five years in prison and a fine of as much as $15,000. Under the bill, the cards would be valid for one year and applicants would have to pay an increased fees for the first five years of the program.

New Mexico passed a similar bill and it resulted in air travelers having to produce passports because drivers licenses no longer provided proof of citizenship and immigration status.