NJ Senate wants to make it easier to get a NJ marriage license

Posted on October 8, 2012 by Sandy Durst

The NJ senate is considering a bill that would eliminate the 72 hour waiting period that presently exists when applying for a NJ marriage license.  While I have no quarrel with eliminating the waiting period, it would be nice if the NJ legislature acted so as to make the right to marry available to all NJ residents.

 

SENATE PANEL ADVANCES BILL ELIMINATING 72-HOUR WAIT FOR MARRIAGE LICENSE
A bill that would do away with New Jersey’s 72-hour marriage-license waiting period was voted out of committee Monday, but without a provision that would have made annulments easier. Proponents say eliminating the waiting period would give New Jersey a competitive advantage as a wedding destination for tourists. The legislation, A-1335/S-2106, approved by the Senate Budget and Appropriations Committee in a 7-6 vote, makes licenses obtainable at the time the application is made. It also provides that marriage and civil union licenses could be issued in the municipality where the ceremony is to take place. At present, the license must be obtained in a municipality in which at least one partner lives, and licenses are available in the municipality where the ceremony is occurring only if both partners reside out of state.

Posted in Durst Firm News, Durst on Divorce | Comments Off on NJ Senate wants to make it easier to get a NJ marriage license

Parent’s drug use is not per se child abuse or neglect

Posted on October 6, 2012 by Sandy Durst

In a recent decision which was approved for publication, the Appellate Court found that a parent’s use of the prescription medication Xanax did not automatically qualify as child abuse or child neglect.  The panel remained focused on whether the inebriated condition of the parent rendered her unable to provide the minimum level of care that is required for the child.

 

FAMILY LAW — CHILD ABUSE
20-2-7842 New Jersey Division of Youth and Family Services v. S.N.W., App. Div. (Fisher, P.J.A.D.) (17 pp.) The mere fact that a parent appeared inebriated is not necessarily determinative of whether that parent was providing a minimum degree of care. As a result, the court vacated an order based solely on a determination that the parent had abused or neglected her 20-month-old and 5-month-old children by appearing inebriated. The court concluded that the trial judge failed to determine the parent’s degree of culpability, particularly in light of uncertainty about whether the parent had exceeded the prescribed amount of Xanax she was then taking and whether that circumstance prevented her from being able to provide a minimum degree of care. [Decided Oct. 2, 2012.]

 

Posted in Durst Firm News | Comments Off on Parent’s drug use is not per se child abuse or neglect

Unreported Income and Divorce

Posted on October 4, 2012 by Sandy Durst

The issue of unreported income is one that client’s and attorneys are often forced to deal with during a divorce.  Many types of businesses are supported by cash transactions. It is important to recognize these situations so that they can be dealt with properly so as to avoid unnecessary consequences for the litigants.    At the outset, let me say that I do not advise that anyone fail to report or underreport their income. Signing your name to a tax return that you know, or believe, to be false can give rise to criminal and civil penalties.  The liability can even extend to a non-income producing spouse.  Securing “Innocent Spouse” relief under the IRS guidelines is difficult and one would be well advised to speak with an accountant if you believe you fall into this category.

Documents filed with the cour such as a Case Information Statment and certifications must be true and accurate.  Documents to be offered as evidence such as tax returns and bank statments must similarly be  crdible.  Neither an attorney or a client can knowingly and willfully off misleading or incorrect documents for consideratiom.  If a judge becomes aware of unreported income they are bound to report the infraction to the IRS.  This obligation was established in the case of Sheridan v. Sheridan.  Obvioulsy, being reported to the IRS presents signifincant risks.  A judge can discover the existence of unreported income after comparing the tax returns to the income and the marital lifestyle budget as detailed on the Case Information Statement.

Apart from filing amended and corrected tax returns, removing the case from the court system and utilizing mediation or arbitration.  Using one of these forms of ADR can permit the parties to to speak freely about the economic realities of their marriage without exposing themselves to Sheridan problems.  If you have unreported income it is crucial that you inform your attorney of this reality so that it can be handled properly

Posted in Durst Firm News, Durst on Divorce | Tagged , | Comments Off on Unreported Income and Divorce

NJ Appellate Court clarifies law on relocating out of state with a child

Posted on September 10, 2012 by Sandy Durst

As today’s society becomes increasingly mobile, divorce parents often find that the need to move from New Jersey after their divorce has been finalized. The need to move can arise due to a new job offer, remarriage, or the need to become a caretaker for elderly parents.  Under NJ law, the custodial parent cannot relocate outside of the state without the consent of the other party or a court order permitting the move.

In a recently decided but unpublished decision the Appellate Court once gain tackles this issue and explains the criteria the parent seeking the move must satisfy.  From the NJ Law Journal:

FAMILY LAW — RELOCATION
20-2-7504 Parsons v. Forman, App. Div. (per curiam) (6 pp.) In this post-divorce matter, plaintiff, the custodial parent, appeals the denial of her motion seeking permission to relocate with the parties’ son to Colorado. The panel reverses, finding that standing alone the effect of the relocation on defendant’s parenting time was insufficient to justify denial of plaintiff’s motion to relocate where she provided a good faith reason to relocate and the evidence satisfied the application Baures factors and defendant presented no alternative parenting-time schedule and no evidence that relocation and a change in his parenting-time schedule would be inimical to the child’s best interests.

Posted in Durst Firm News, Durst on Divorce | Tagged , , , | Comments Off on NJ Appellate Court clarifies law on relocating out of state with a child

Divorce and back to school issues

Posted on September 6, 2012 by Sandy Durst

As a new school year begins, new issues may arise if you are recently divorced.  Juggling two households with children, homework, and after school activities can be a challenge.  For the welfare of your children, it is imperative that you and your former spouse be on the same page concerning education.  Although the divorce may have ended your relationship as spouses, it did not end your relationship as parents.  Provided that there are no restraining orders in place you, your former spouse and the child can enjoy an productive and shared school experience.

Some helpful tips for dealing with school include:

1. Make sure you are both authorized to receive mailings, notices, report cards, etc directly from the school;

2. As early as possible, review the school calendar and confirm arrangements for all school holidays / closings

3. Decide if you can attend parent-teacher conferences together and make the necessary arrangements if you can’t

4. Each parent should have a place for the child to do homework and should have basic school supplies on hand

5. Develop and relay a consistent message on the importance of school and your shared expectations as parents

These are just a few tips that can ease veryone’s stress level as a new school year begins.

Posted in Durst Firm News, Durst on Divorce | Tagged , , , | Comments Off on Divorce and back to school issues