One year later, a new home!

One year ago I started The Durst Firm in order to provide high-quality legal representation to individuals going through a divorce throughout the state of New Jersey. It has been an exciting year and I think everyone for their support most particularly my clients. It is a pleasure and a privilege to serve you. I am excited to announce it as The Durst Firm celebrates it’s one year anniversary that the firm will have a new home! As of May 1, 2014 the new address will be 186 South Broad St, 2nd floor Trenton New Jersey, 08608. Email, the phone number, and the fax number will remain the same. As we enter into the our second year I look forward to helping more and more individuals through this difficult process.

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Take advantage of NJ child support amnesty week

In an effort to both collect past due child support and remove the burden of license suspensions and the risk of arrest, the State of NJ is implementing a one week “amnesty” program from April 28 – May 3, 2014. State officials state that those who are behind in their child support obligations can visit a county probation office to work out a settlement. The settlement can be a lump sum, ongoing payments, or a combination of the two. Once a settlement has been reached an agreement will be entered that memorializes the payment terms and discharges the bench warrant and reinstates the previously suspended license. If you are behind in your child support don’t hesitate to to take advantage of this program. Before meeting with a probation official it may be beneficial to review your situation with an attorney to more fully understand your rights and options.

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Let judges be judges!

There is a movement in NJ arguing for increased judicial independence. I fully agree that out courts should be free from political pressure. Judicial decisions are not popularity contests. Doing what is right will always be unpopular with some people. Judges needs to be free to make decisions on a case by case basis after considering the relevant law and the particular facts of a given case.

Judicial independence is being threatened by those who seek to automate NJ family law. Divorce and family law issues are not easy or pleasant. Resolving them can be emotionally and financially draining. Exploiting these realities, many so “reformers” are seeking to impose arbitrary alimony guidelines and automatic triggers to terminate child support. Those advocating for these types of changes claim that adopting these proposals will add certainty to the process, will make cases move quicker and result in lower legal fees. The problem is that no empirical evidence is offered in support of these claims. In truth, these “reforms” are one sided and advance personal agendas rather than justice.

These “reforms” seek to take away judicial discretion. In doing so, litigants will be denied a review of their case on the merits and facts. Judges will be constrained and justice will be denied.

I admit that some of our current laws need to be reviewed and updated. But any changes must be fair to both parties. Any changes must allow judges to continue judge independently and free from artificial constraints.

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Proposed Bill would automatically terminate child support in NJ at age 19

Coming on the heels of the well publicized Canning case in which a high school student sued her parents (who were still married and not divorce or divorcing) for financial support, a proposed bill in the NL legislature would end child support once a child reaches the age of 19.  You can read more about the bill at http://www.njlawjournal.com/id=1202646845925/Bill+Would+End+Child+Support+at+19+But+Allow+Recipient+To+Petition%3Fmcode=0&curindex=0&curpage=ALL

As the article states, child support would end unless the parties previously agreed to an alternate date/age or a judge previously ordered the support continue past the child’s 19th birthday.  Absent a predetermined end date, the recipient, whether it be the parent OR the child, could petition the court and ask that support continue.

As a divorce attorney I understand the desire of litigants for clarity and certainty.  This bill would provide that.  However, in my opinion the age of 19 is largely irrelevant.  It is not clear to me why this age was selected as the termination age.  n my mind, the current law works when applied properly and correctly places the burden on the parent paying support to seek relief when he or she believes the facts surrounding their child warrant emancipation.

 

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Parent on the hook for extracurricular activity expenses.

Settlement agreements in NJ divorce and family law cases are given great deference and as affirmed in a recent decision as reported in the NJ Law Journal, litigants will be held to the terms of their agreements (http://www.njlawjournal.com/id=1202646121795?kw=Fencer%27s%20Father%20Can%27t%20Parry%20His%20Way%20Out%20of%20Extracurricular%20Activity%20Costs&et=editorial&bu=New%20Jersey%20Law%20Journal&cn=20140311&src=EMC-Email&pt=Daily%20News%20Alert)  This case deals with child support and extracurricular activities for a child. There has been a long standing proposition in NJ law that children are entitled to benefit from the economic success of their parents.  As a parent of means, Mr. Bassinder was required to provide support for his share of the costs of his son’s activities.

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