NJ Laws Email Newsletter E302
April 23, 2009
In This Issue
_______________
1. Governor Corzine Signed a New Law that Prohibits Alimony and Awards Concerning Equitable Distribution to Persons who Commit Certain Crimes; Eliminates Inheritance Rights for Parents who Abuse or Abandon Children.
2. Governor Corzine Signs New Law Limiting Teen Drivers.
3. Homeowner's Insurance Company Must Pay for Injury to Tire Changer Who Fell on Ice, Not Car Insurance.
4. Welcome Spring Staff to Kenneth Vercammen & Associates, P.C.
_______________
1. Governor Corzine Signed a New Law that Prohibits Alimony and Awards Concerning Equitable Distribution to Persons who Commit Certain Crimes; Eliminates Inheritance Rights for Parents who Abuse or Abandon Children.
New Law prohibits alimony and awards concerning equitable distribution to persons who commit certain crimes; eliminates inheritance rights for parents who abuse or abandon children. This Law is intended to ensure that undeserving persons are not rewarded financially by the alimony and intestacy laws of this State.
Section 1 of the Law denies alimony to any person convicted of murder, manslaughter, criminal homicide, death by auto or vessel, aggravated assault, or a substantially similar offense under the laws of another jurisdiction, if the crime results in the death of another person and if the crime was committed after the divorce or dissolution of the marriage or civil union. Section 1 also provides that a court's authority to deny alimony for other bad acts is not changed. Under prior law, fault is irrelevant to alimony awards except if: (1) the fault affects the economic life of the parties or (2) the fault so violates societal norms that continuing the economic bonds between the parties would confound notions of simple justice. Calbi v. Calbi, 396 N.J. Super. 532, 540 (App. Div. 2007).
Section 2 of the Law eliminates a parent's right to inherit from the estate of their child if the parent abused, abandoned, neglected, endangered the welfare of, or committed any sexual offense against the minor child. If a parent is disqualified from taking a distributive share in the estate of a decedent under the section 2 of the Law, the estate of the child is distributed as though the parent had predeceased the decedent. Section 2 also provides that no sibling of the half blood of the decedent whose parent is disqualified may take a distributive share in the estate of the deceased child.
Under old law, the intestate share of a decedent child's estate is equally distributed between the surviving parents, regardless of whether that child's parents abused the child prior to his death.
Legislation Assembly members Sandra Love, Paul D. Moriarty and Valerie Vainieri Huttle sponsored to block alimony payments to convicted killers and eliminate inheritance rights for parents who abandon or abuse a child was signed into law by Governor Jon S. Corzine.
Under New Law (A-2681), alimony will be denied to any person convicted of a crime that resulted in death or serious bodily injury to a family member of a divorcing party, and the crime was committed after the marriage or civil union.
In addition, a person convicted of an attempt or conspiracy to commit murder will not receive alimony from the person who was the intended victim or be awarded equitable distribution.
The legislation was prompted by the case of Chris Calbi, a 14-year-old-boy from Old Tappan, Bergen County, who died after sustaining a lethal kick to the neck from his mother during a domestic argument.
Following his son's death, Calbi's father found there was no legal precedent to preclude his having to make alimony payments to his estranged wife upon her parole.
"This law really serves a simple and singular purpose: to keep money out of the hands of those who would go so far as to beat and kill their own family and then expect to receive an alimony payment from a former spouse." "Convicted killers should not be able to profit from their misdeeds."
The law also seeks to prevent abusive parents from receiving an inheritance settlement from the estates of a deceased child.
It was prompted by the horrific case of Faheem Williams, the 7-year-old Newark youngster whose mummified corpse was found in an apartment basement by police in 2003after his mother had abandoned him and other siblings to live with her cousin.
Although the cousin pled guilty to manslaughter in Faheem's death, Faheem's mother had to be separately barred from seeking the $1 million that the state paid to her son's estate.
Under previous law, the intestate share of a decedent child's estate was equally distributed between the surviving parents, regardless of whether that child's parents abused the child before his death.
"Any parent found to have abused their child should immediately forfeit their right to their child's estate."
"No parent who puts their innocent child's life in danger should get one penny."
"We need to take proactive steps to ensure that when a child is the victim of a tragic crime or the subject of abuse their estates are not looted by family members whose very neglect led to their deaths."
Under the law, a parent loses all rights to intestate succession and to administer the estate if:
They refused to acknowledge or abandoned the child by willfully forsaking or failing to care for it in such a way that it exposed the child to physical or moral risk.
"They were convicted of committing sexual assault, criminal sexual contact, endangering welfare of children, attempt or conspiracy to murder the child or committed abuse or neglect that contributed to the child's death. The subject of abuse their estates are not looted by family members whose very neglect led to their deaths."
Under the New Law, a parent loses all rights to intestate succession and to administer the estate if:
They refused to acknowledge or abandoned the child by willfully forsaking or failing to care for it in such a way that it exposed the child to physical or moral risk.
"They were convicted of committing sexual assault, criminal sexual contact, endangering welfare of children, attempt or conspiracy to murder the child or committed abuse or neglect that contributed to the child's death."
2. Governor Corzine Signs New Law Limiting Teen Drivers.
New Jersey is first state to have teen driver decal. Senate Bill S-2314/A-3069 requires the use of an identifier on vehicles driven by teens holding a permit or provisional license.
"Having a driver's license is an awesome responsibility for any teenager," Governor Corzine said. "The legislation I am signing today initiates several preventative measures to help avoid further teen driving tragedies while ensuring that our young people are better prepared to safely take to the roadways."
The new law also will assist police in identifying young drivers who may be in violation of the Graduated Driver License (GDL) restrictions.
Governor Corzine also signed S-16/A-3070, revising nighttime driving and passenger restrictions on permit and provisional drivers. New Jerseys' Graduated Driver License (GDL) law currently restricts teens on a provisional license from driving between midnight and 5 a.m. Although only 15 percent of miles driven by 16 and 17-year-olds are between 9 p.m. and 6 a.m., more than 40 percent of their fatal crashes occur during this time period. The bill also renames the provisional license "probationary."
"We live in the most densely populated state in the nation in an era of constant distractions." Over the last few years, we've witnessed a number of tragic accidents that could have been avoided. Hopefully these changes will make sure that inexperienced drivers have greater supervision and less distractions while they're still learning the ropes."
"Statistics show that 40 percent of fatal teen car accidents occur between the hours of 9 p.m. and 6 a.m." "This new law will work to protect all drivers by reducing these numbers, while also making it easier for law enforcement officers to identify teen drivers. This bill isn't about profiling, but instead ensuring that parents, young drivers and police officers are able to take an active role in protecting our roadways."
The bills signed today address four recommendations contained in the Teen Driver Study Commission's March 2008 report. Three of those recommendations are essential for stemming the tide of teen driver crashes that last year claimed 60 teen lives - 37 drivers and 23 passengers.
"Every nine minutes a teen crashes in New Jersey," Division of Highway Traffic Safety Director Pam Fischer said. "The legislation signed today by Governor Corzine will help to ensure that young drivers, who clearly face a higher risk on our roadways, remain safe during the most dangerous time of their lives. These bills will help reduce teen crashes and ultimately save young lives."
According to the NJ Teen Driver Study Commission Report, a teen driver is 158 percent more likely to be killed in a crash while carrying two passengers. The risk increases to 207 percent when there are three passengers in a teen driver's car. The increased risk is often the result of distraction and others in the car encouraging the teen driver to take risks with most teen crashes in NJ occur after school.
In total, the report outlines 47 recommendations to help reduce teen crashes, and ultimately save lives. While the State has the oldest minimum driving age in the nation (17) and a strong Graduated Driver License (GDL) law that addresses teen risk factors (i.e., passengers, nighttime driving, cell phones, and seat belts), the Commission determined that more can and must be done to reduce teen driver crashes and save lives.
Between 2002 and 2008, more than 400 teen drivers and teens who were passengers in teen-driven vehicles, died on the state's roadways.
3. Homeowner's Insurance Company Must Pay for Injury to Tire Changer Who Fell on Ice, Not Car Insurance.
3-25-09 Penn National Insurance Company v. Frank Costa(A-36-08)
In order to determine whether an injury arises out of the maintenance, operation or use of a motor vehicle thereby triggering automobile insurance coverage, there must be a substantial nexus between the injury suffered and the asserted negligent maintenance, operation or use of the motor vehicle.
In this case, there is no rational linkage between the negligent failure to clear the driveway of snow and ice and the entirely non-negligent maintenance activity in which Costa was engaged.
Therefore, Costa's homeowners insurance policy must respond to Arians's claims.
4. Welcome Spring Staff to Kenneth Vercammen & Associates, P.C.
This spring we have accepted into our mentor / internship program the following four people and they have done a great job.
Joseph Jakubczyk of St. Peter's College
Paula Anna Iwaniuk of Drew University
Tanya Sharp of Colorado Technical University
Ruchita Oza, who obtained her Masters of Law from Temple University Beasley School of Law.
Thursday, April 23, 2009
NJ Laws Email Newsletter E302
1. Governor Corzine Signed a New Law that Prohibits Alimony and Awards Concerning Equitable Distribution to Persons who Commit Certain Crimes; Eliminates Inheritance Rights for Parents who Abuse or Abandon Children
New Law prohibits alimony and awards concerning equitable distribution to persons who commit certain crimes; eliminates inheritance rights for parents who abuse or abandon children. This Law is intended to ensure that undeserving persons are not rewarded financially by the alimony and intestacy laws of this State.
Section 1 of the Law denies alimony to any person convicted of murder, manslaughter, criminal homicide, death by auto or vessel, aggravated assault, or a substantially similar offense under the laws of another jurisdiction, if the crime results in the death of another person and if the crime was committed after the divorce or dissolution of the marriage or civil union. Section 1 also provides that a court's authority to deny alimony for other bad acts is not changed. Under prior law, fault is irrelevant to alimony awards except if: (1) the fault affects the economic life of the parties or (2) the fault so violates societal norms that continuing the economic bonds between the parties would confound notions of simple justice. Calbi v. Calbi, 396 N.J. Super. 532, 540 (App. Div. 2007).
Section 2 of the Law eliminates a parent's right to inherit from the estate of their child if the parent abused, abandoned, neglected, endangered the welfare of, or committed any sexual offense against the minor child. If a parent is disqualified from taking a distributive share in the estate of a decedent under the section 2 of the Law, the estate of the child is distributed as though the parent had predeceased the decedent. Section 2 also provides that no sibling of the half blood of the decedent whose parent is disqualified may take a distributive share in the estate of the deceased child.
Under old law, the intestate share of a decedent child's estate is equally distributed between the surviving parents, regardless of whether that child's parents abused the child prior to his death.
Legislation Assembly members Sandra Love, Paul D. Moriarty and Valerie Vainieri Huttle sponsored to block alimony payments to convicted killers and eliminate inheritance rights for parents who abandon or abuse a child was signed into law by Governor Jon S. Corzine.
Under New Law (A-2681), alimony will be denied to any person convicted of a crime that resulted in death or serious bodily injury to a family member of a divorcing party, and the crime was committed after the marriage or civil union.
In addition, a person convicted of an attempt or conspiracy to commit murder will not receive alimony from the person who was the intended victim or be awarded equitable distribution.
The legislation was prompted by the case of Chris Calbi, a 14-year-old-boy from Old Tappan, Bergen County, who died after sustaining a lethal kick to the neck from his mother during a domestic argument.
Following his son's death, Calbi's father found there was no legal precedent to preclude his having to make alimony payments to his estranged wife upon her parole.
"This law really serves a simple and singular purpose: to keep money out of the hands of those who would go so far as to beat and kill their own family and then expect to receive an alimony payment from a former spouse." "Convicted killers should not be able to profit from their misdeeds."
The law also seeks to prevent abusive parents from receiving an inheritance settlement from the estates of a deceased child.
It was prompted by the horrific case of Faheem Williams, the 7-year-old Newark youngster whose mummified corpse was found in an apartment basement by police in 2003 after his mother had abandoned him and other siblings to live with her cousin.
Although the cousin pled guilty to manslaughter in Faheem's death, Faheem's mother had to be separately barred from seeking the $1 million that the state paid to her son's estate.
Under previous law, the intestate share of a decedent child's estate was equally distributed between the surviving parents, regardless of whether that child's parents abused the child before his death.
"Any parent found to have abused their child should immediately forfeit their right to their child's estate."
"No parent who puts their innocent child's life in danger should get one penny."
"We need to take proactive steps to ensure that when a child is the victim of a tragic crime or the subject of abuse their estates are not looted by family members whose very neglect led to their deaths."
Under the law, a parent loses all rights to intestate succession and to administer the estate if:
They refused to acknowledge or abandoned the child by willfully forsaking or failing to care for it in such a way that it exposed the child to physical or moral risk.
"They were convicted of committing sexual assault, criminal sexual contact, endangering welfare of children, attempt or conspiracy to murder the child or committed abuse or neglect that contributed to the child's death. The subject of abuse their estates are not looted by family members whose very neglect led to their deaths."
Under the New Law, a parent loses all rights to intestate succession and to administer the estate if:
They refused to acknowledge or abandoned the child by willfully forsaking or failing to care for it in such a way that it exposed the child to physical or moral risk.
"They were convicted of committing sexual assault, criminal sexual contact, endangering welfare of children, attempt or conspiracy to murder the child or committed abuse or neglect that contributed to the child's death."
2. Governor Corzine Signs New Law Limiting Teen Drivers.
New Jersey is first state to have teen driver decal. Senate Bill S-2314/A-3069 requires the use of an identifier on vehicles driven by teens holding a permit or provisional license.
"Having a driver's license is an awesome responsibility for any teenager," Governor Corzine said. "The legislation I am signing today initiates several preventative measures to help avoid further teen driving tragedies while ensuring that our young people are better prepared to safely take to the roadways."
The new law also will assist police in identifying young drivers who may be in violation of the Graduated Driver License (GDL) restrictions.
Governor Corzine also signed S-16/A-3070, revising nighttime driving and passenger restrictions on permit and provisional drivers. New Jerseys' Graduated Driver License (GDL) law currently restricts teens on a provisional license from driving between midnight and 5 a.m. Although only 15 percent of miles driven by 16 and 17-year-olds are between 9 p.m. and 6 a.m., more than 40 percent of their fatal crashes occur during this time period. The bill also renames the provisional license "probationary."
"We live in the most densely populated state in the nation in an era of constant distractions." Over the last few years, we've witnessed a number of tragic accidents that could have been avoided. Hopefully these changes will make sure that inexperienced drivers have greater supervision and less distractions while they're still learning the ropes."
"Statistics show that 40 percent of fatal teen car accidents occur between the hours of 9 p.m. and 6 a.m." "This new law will work to protect all drivers by reducing these numbers, while also making it easier for law enforcement officers to identify teen drivers. This bill isn't about profiling, but instead ensuring that parents, young drivers and police officers are able to take an active role in protecting our roadways."
The bills signed today address four recommendations contained in the Teen Driver Study Commission's March 2008 report. Three of those recommendations are essential for stemming the tide of teen driver crashes that last year claimed 60 teen lives - 37 drivers and 23 passengers.
"Every nine minutes a teen crashes in New Jersey," Division of Highway Traffic Safety Director Pam Fischer said. "The legislation signed today by Governor Corzine will help to ensure that young drivers, who clearly face a higher risk on our roadways, remain safe during the most dangerous time of their lives. These bills will help reduce teen crashes and ultimately save young lives."
According to the NJ Teen Driver Study Commission Report, a teen driver is 158 percent more likely to be killed in a crash while carrying two passengers. The risk increases to 207 percent when there are three passengers in a teen driver's car. The increased risk is often the result of distraction and others in the car encouraging the teen driver to take risks with most teen crashes in NJ occur after school.
In total, the report outlines 47 recommendations to help reduce teen crashes, and ultimately save lives. While the State has the oldest minimum driving age in the nation (17) and a strong Graduated Driver License (GDL) law that addresses teen risk factors (i.e., passengers, nighttime driving, cell phones, and seat belts), the Commission determined that more can and must be done to reduce teen driver crashes and save lives.
Between 2002 and 2008, more than 400 teen drivers and teens who were passengers in teen-driven vehicles, died on the state's roadways.
3. Homeowner's Insurance Company Must Pay for Injury to Tire Changer Who Fell on Ice, Not Car Insurance.
3-25-09 Penn National Insurance Company v. Frank Costa
(A-36-08)
In order to determine whether an injury arises out of the maintenance, operation or use of a motor vehicle thereby triggering automobile insurance coverage, there must be a substantial nexus between the injury suffered and the asserted negligent maintenance, operation or use of the motor vehicle.
In this case, there is no rational linkage between the negligent failure to clear the driveway of snow and ice and the entirely non-negligent maintenance activity in which Costa was engaged.
Therefore, Costa's homeowners insurance policy must respond to Arians's claims.
4. Welcome Spring Staff to Kenneth Vercammen & Associates, P.C.
This spring we have accepted into our mentor / internship program the following four people and they have done a great job.
Joseph Jakubczyk of St. Peter's College
Paula Anna Iwaniuk of Drew University
Tanya Sharp of Colorado Technical University
Ruchita Oza, who obtained her Masters of Law from Temple University Beasley School of Law.
New Law prohibits alimony and awards concerning equitable distribution to persons who commit certain crimes; eliminates inheritance rights for parents who abuse or abandon children. This Law is intended to ensure that undeserving persons are not rewarded financially by the alimony and intestacy laws of this State.
Section 1 of the Law denies alimony to any person convicted of murder, manslaughter, criminal homicide, death by auto or vessel, aggravated assault, or a substantially similar offense under the laws of another jurisdiction, if the crime results in the death of another person and if the crime was committed after the divorce or dissolution of the marriage or civil union. Section 1 also provides that a court's authority to deny alimony for other bad acts is not changed. Under prior law, fault is irrelevant to alimony awards except if: (1) the fault affects the economic life of the parties or (2) the fault so violates societal norms that continuing the economic bonds between the parties would confound notions of simple justice. Calbi v. Calbi, 396 N.J. Super. 532, 540 (App. Div. 2007).
Section 2 of the Law eliminates a parent's right to inherit from the estate of their child if the parent abused, abandoned, neglected, endangered the welfare of, or committed any sexual offense against the minor child. If a parent is disqualified from taking a distributive share in the estate of a decedent under the section 2 of the Law, the estate of the child is distributed as though the parent had predeceased the decedent. Section 2 also provides that no sibling of the half blood of the decedent whose parent is disqualified may take a distributive share in the estate of the deceased child.
Under old law, the intestate share of a decedent child's estate is equally distributed between the surviving parents, regardless of whether that child's parents abused the child prior to his death.
Legislation Assembly members Sandra Love, Paul D. Moriarty and Valerie Vainieri Huttle sponsored to block alimony payments to convicted killers and eliminate inheritance rights for parents who abandon or abuse a child was signed into law by Governor Jon S. Corzine.
Under New Law (A-2681), alimony will be denied to any person convicted of a crime that resulted in death or serious bodily injury to a family member of a divorcing party, and the crime was committed after the marriage or civil union.
In addition, a person convicted of an attempt or conspiracy to commit murder will not receive alimony from the person who was the intended victim or be awarded equitable distribution.
The legislation was prompted by the case of Chris Calbi, a 14-year-old-boy from Old Tappan, Bergen County, who died after sustaining a lethal kick to the neck from his mother during a domestic argument.
Following his son's death, Calbi's father found there was no legal precedent to preclude his having to make alimony payments to his estranged wife upon her parole.
"This law really serves a simple and singular purpose: to keep money out of the hands of those who would go so far as to beat and kill their own family and then expect to receive an alimony payment from a former spouse." "Convicted killers should not be able to profit from their misdeeds."
The law also seeks to prevent abusive parents from receiving an inheritance settlement from the estates of a deceased child.
It was prompted by the horrific case of Faheem Williams, the 7-year-old Newark youngster whose mummified corpse was found in an apartment basement by police in 2003 after his mother had abandoned him and other siblings to live with her cousin.
Although the cousin pled guilty to manslaughter in Faheem's death, Faheem's mother had to be separately barred from seeking the $1 million that the state paid to her son's estate.
Under previous law, the intestate share of a decedent child's estate was equally distributed between the surviving parents, regardless of whether that child's parents abused the child before his death.
"Any parent found to have abused their child should immediately forfeit their right to their child's estate."
"No parent who puts their innocent child's life in danger should get one penny."
"We need to take proactive steps to ensure that when a child is the victim of a tragic crime or the subject of abuse their estates are not looted by family members whose very neglect led to their deaths."
Under the law, a parent loses all rights to intestate succession and to administer the estate if:
They refused to acknowledge or abandoned the child by willfully forsaking or failing to care for it in such a way that it exposed the child to physical or moral risk.
"They were convicted of committing sexual assault, criminal sexual contact, endangering welfare of children, attempt or conspiracy to murder the child or committed abuse or neglect that contributed to the child's death. The subject of abuse their estates are not looted by family members whose very neglect led to their deaths."
Under the New Law, a parent loses all rights to intestate succession and to administer the estate if:
They refused to acknowledge or abandoned the child by willfully forsaking or failing to care for it in such a way that it exposed the child to physical or moral risk.
"They were convicted of committing sexual assault, criminal sexual contact, endangering welfare of children, attempt or conspiracy to murder the child or committed abuse or neglect that contributed to the child's death."
2. Governor Corzine Signs New Law Limiting Teen Drivers.
New Jersey is first state to have teen driver decal. Senate Bill S-2314/A-3069 requires the use of an identifier on vehicles driven by teens holding a permit or provisional license.
"Having a driver's license is an awesome responsibility for any teenager," Governor Corzine said. "The legislation I am signing today initiates several preventative measures to help avoid further teen driving tragedies while ensuring that our young people are better prepared to safely take to the roadways."
The new law also will assist police in identifying young drivers who may be in violation of the Graduated Driver License (GDL) restrictions.
Governor Corzine also signed S-16/A-3070, revising nighttime driving and passenger restrictions on permit and provisional drivers. New Jerseys' Graduated Driver License (GDL) law currently restricts teens on a provisional license from driving between midnight and 5 a.m. Although only 15 percent of miles driven by 16 and 17-year-olds are between 9 p.m. and 6 a.m., more than 40 percent of their fatal crashes occur during this time period. The bill also renames the provisional license "probationary."
"We live in the most densely populated state in the nation in an era of constant distractions." Over the last few years, we've witnessed a number of tragic accidents that could have been avoided. Hopefully these changes will make sure that inexperienced drivers have greater supervision and less distractions while they're still learning the ropes."
"Statistics show that 40 percent of fatal teen car accidents occur between the hours of 9 p.m. and 6 a.m." "This new law will work to protect all drivers by reducing these numbers, while also making it easier for law enforcement officers to identify teen drivers. This bill isn't about profiling, but instead ensuring that parents, young drivers and police officers are able to take an active role in protecting our roadways."
The bills signed today address four recommendations contained in the Teen Driver Study Commission's March 2008 report. Three of those recommendations are essential for stemming the tide of teen driver crashes that last year claimed 60 teen lives - 37 drivers and 23 passengers.
"Every nine minutes a teen crashes in New Jersey," Division of Highway Traffic Safety Director Pam Fischer said. "The legislation signed today by Governor Corzine will help to ensure that young drivers, who clearly face a higher risk on our roadways, remain safe during the most dangerous time of their lives. These bills will help reduce teen crashes and ultimately save young lives."
According to the NJ Teen Driver Study Commission Report, a teen driver is 158 percent more likely to be killed in a crash while carrying two passengers. The risk increases to 207 percent when there are three passengers in a teen driver's car. The increased risk is often the result of distraction and others in the car encouraging the teen driver to take risks with most teen crashes in NJ occur after school.
In total, the report outlines 47 recommendations to help reduce teen crashes, and ultimately save lives. While the State has the oldest minimum driving age in the nation (17) and a strong Graduated Driver License (GDL) law that addresses teen risk factors (i.e., passengers, nighttime driving, cell phones, and seat belts), the Commission determined that more can and must be done to reduce teen driver crashes and save lives.
Between 2002 and 2008, more than 400 teen drivers and teens who were passengers in teen-driven vehicles, died on the state's roadways.
3. Homeowner's Insurance Company Must Pay for Injury to Tire Changer Who Fell on Ice, Not Car Insurance.
3-25-09 Penn National Insurance Company v. Frank Costa
(A-36-08)
In order to determine whether an injury arises out of the maintenance, operation or use of a motor vehicle thereby triggering automobile insurance coverage, there must be a substantial nexus between the injury suffered and the asserted negligent maintenance, operation or use of the motor vehicle.
In this case, there is no rational linkage between the negligent failure to clear the driveway of snow and ice and the entirely non-negligent maintenance activity in which Costa was engaged.
Therefore, Costa's homeowners insurance policy must respond to Arians's claims.
4. Welcome Spring Staff to Kenneth Vercammen & Associates, P.C.
This spring we have accepted into our mentor / internship program the following four people and they have done a great job.
Joseph Jakubczyk of St. Peter's College
Paula Anna Iwaniuk of Drew University
Tanya Sharp of Colorado Technical University
Ruchita Oza, who obtained her Masters of Law from Temple University Beasley School of Law.
Wednesday, April 08, 2009
NJ Laws Email Newsletter E301
NJ Laws Email Newsletter E301
April 8, 2009
In This Issue
_______________
1. Real Estate Sales - Spring is the Time for Real Estate Sales.
2. Recent Cases: Trial Judge Must Determine Probable Cause for DWI Stop.
3. Ocean County Jury Awards $17M to Family Hurt in Car Crash.
4. Employer Not Responsible for Employee Intoxicated Outside the Workplace.
5. Press Release: Nuts & Bolts of Elder Law & Estate Administration Seminar - Tuesday, April 28, 2009 from 5:30PM to 9:30PM.
1. Real Estate Sales - Spring is the Time for Real Estate Sales.
To better serve our Probate and Senior citizen clients, Kenneth Vercammen has taken and passed the NJ Real Estate Salesperson test. The examination consists of numerous questions taken over a 4 hour period after taking numerous classes. Mr. Vercammen is now also a licensed real estate agent, and is affiliated with one of the largest real estate agencies in the country.
We also note Bob Tona of South Brunswick has joined Jersey Mortgage Company. For mortgages and refinances, call Bob Tona at 800-342-6597 or 732-739-4082.
The sale of a home is probably the largest transaction a person will ever undertake. Careful consideration should be given to the technical difficulties involved in the transfer.
The Contract of Sale
A Contract of Sale is an agreement for the purchase and sale of real estate. This is the most important document in any real estate transaction because it establishes the respective rights and responsibilities of the purchaser and the seller.
Since the Contract of Sale is important and legally binding New Jersey requires a 3 day attorney review period on Contracts prepared by a realtor. Please read the contract before signing. If you have any questions, please ask your real estate agent. If there are any clauses you want added, such as the house sale "As Is", make sure they are added to the Contract before signing.
The 3 day attorney review period is to protect the buyer and seller from being forever bound by a contract without them receiving the benefit of legal advice. You only have three days to have your attorney review the contract and make the appropriate changes. Remember that once a Contract is signed and in final form after 3 days, your rights and obligations are fixed concerning the transaction. Your attorney will no longer have the opportunity to structure the Contract to meet your objectives.
Read and Understand the Contract Before Signing your Contract of Sale
Perhaps the seller may want to retain possession of the property for some time in order to find new accommodations. You should make sure these clauses are included in the contract defining such rights prior to signing. Never sign a contract involving the sale or purchase of real estate until you have done the following:
1. Read the Entire Contract.
2. Written Down Your Questions and Posed Them to Your Realtor.
3. Made Sure All Your Requested Clauses are Included, Such as the House Being Sold "As Is".
These are only a few matters usually covered in the contract. However, they illustrate the variety of terms and conditions to be considered when you enter into such a transaction.
Work With Your Realtor
Your realtor is a highly trained licensed professional. Their goal is to help you through this closing. They perform substantial work and earn the commissions of between $8,000- $16,000. In order to keep your legal fees down, you should be calling you realtor with routine questions regarding the closing. We have learned by past experience if you, your realtor or you family call your attorney's office every day, these calls are not included in the $800 fee, and there will be a charge for excess calls. The buyer is entitled to obtain a termite inspection and home inspection.
Inspections are scheduled by the realtors. If the buyer requests repairs after the home inspection report is done, speak with your realtor first.
The seller is responsible for obtaining the smoke detector certificate, plus municipal certificate of occupancy if required by your town. Discuss these with your realtor. Please also arrange the walk through with your realtor.
Closing Date is Approximate
You should understand that the proposed closing date in the Contract is an approximate closing date. The actual closing depends upon the buyer's mortgage company issuing a commitment and a mortgage check. We do not set the closing date, that is set by the buyer's attorney. The realtor should be calling the buyer's attorney to determine time of closing and directions to the closing, not our office.
If Seller fails to timely obtain a written mortgage payoff statement, there will be an additional charge of $100.00 for the Seller's attorney to obtain the written payoff statement.
SELLERS INFORMATION SHEET
KENNETH VERCAMMEN & ASSOCIATES, PC
(To be filled out by seller and returned to seller's attorney)
1. SELLERS NAME: (as it appears on deed)
__________________________________________
2. Real Estate being Sold:
Lot No. _________ Block No. __________
Address: __________________________________
3. Present Mortgage Company:
__________________________________
Address: _________________________________
Loan No. ________________
800 Telephone No. ____________
(Provide copy of payoff amount)
4. Other Mortgages, including Bridge Loans or Home Equity:
Name of Mortgage Company:
_______________________________________
Address: ______________________________
Loan No. __________________
800 Telephone No. ________________________
(Obtain written copy of payoff amount from bank, a verbal payoff will not be good
enough)
5. Social Security Number:
(H) ___________ (W) ________
6. Is any Seller age 62 or over? If so, name and
Date of Birth: ____________
7. Name, Address, Telephone number of Condominium Association, if any
____________________________________
8. Type of Fuel: Gas _____ Oil ______
PLEASE ATTACH A COPY OF TITLE INSURANCE, SURVEY, & DEED (not original)
9. Marriage Information:
Date of Marriage __________
Maiden or Prior Name(s) __________
Prior Marriages _____________________
(Copy of Final Judgment of Divorce needed, not original)
10. Address After Property Sale:
_______________________________________
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
2. Recent Cases: Trial Judge Must Determine Probable Cause for DWI Stop.
State v. McDade App. Div 14-2-3257
Following denial of his motion to suppress evidence, defendant entered a conditional plea of guilty to driving while intoxicated. The sole issue on appeal was the validity of the motor vehicle stop where the officer stopped the car because a passenger side rear tail light was out. Defense counsel suggested that there were multiple lights on each side of the car's rear and argued that the malfunctioning of a surplus lamp does not give rise to a reasonable suspicion of a motor vehicle code violation.
Finding that the community caretaking function exception to the warrant requirement does not apply, and that the legality of the stop depends exclusively on whether there was a total of two functioning rear tail lamps, one on each side, a fact that cannot be determined from the record, the panel remands to the Law Division for further fact finding.
Source: Daily Briefing 3/31/2009 NJ Law Journal
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
3. Ocean County Jury Awards $17M to Family Hurt in Car Crash.
After a defense stipulation to liability and a three day damages trial, an Ocean County jury on Wednesday awarded $17 million to Jennifer and Alvin Roden and their three young children who were hurt in a horrific collision with an oncoming car that strayed into the Roden's lane. Their daughter Madeline, whose legs were paralyzed in the August 2006 crash in Tuckerton, won $10 million and the other riders were awarded amounts ranging from $50,000 to $4 million. The defendant's insurer, New Jersey Manufacturers Ins. Co., paid the plaintiffs' property damage of $20,000 at the outset of the case and offered to pay the remaining $480,000 of the defendant's policy last November, but plaintiffs' lawyer rejected the offer. He says NJM had reason to know from the start that the defendant was liable and that the injuries would be far greater than $500,000. An arbitration panel awarded the plaintiffs $8 million but NJM opted for a trial de novo instead of paying it.
Source: Daily Briefing 4/3/2009 NJ Law Journal
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
4. Employer Not Responsible for Employee Intoxicated Outside the Workplace. Riley
v. Keenan 4-02-09 A-6054-06T3
The issue in this automobile negligence action is whether an employer may be held liable for injuries to a third party caused by an intoxicated driver acting outside the workplace and outside the scope of his employment. Even assuming the employee's work-related sleep deprivation, as claimed by plaintiff, the court could see no reason to extend the notion of duty to, or create a new theory of recovery against, an employer in circumstances where the employer neither knew nor had control over its employee's "incapacity", nor engaged in any affirmative act to worsen the situation, and where the independent intervening act of the employee's intoxication broke any causal connection between work fatigue and the ensuing automobile accident.
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
5. Press Release: Nuts & Bolts of Elder Law & Estate Administration Seminar
Time: Tuesday, April 28, 2009, 5:30 PM to 9:30 PM
Location: Pines Manor, Edison
Speakers:
THOMAS D. BEGLEY, JR., ESQ.,
KENNETH A. VERCAMMEN, ESQ.
Chair, ABA Elder Law Committee
2006 NJSBA Municipal Court Practitioner of the Year
KATHLEEN A. SHERIDAN, ESQ.
MARTIN A. SPIGNER, ESQ.
This practical program is designed to provide the nuts and bolts of elder law practice & estate administration practice to general practitioners and young lawyers, as well as to more experienced estate planners and professionals who help senior citizens.
You'll also gain insight on how Federal Medicaid Reform will impact seniors. Fee includes 330 plus page book, dinner, seminar and opportunity to ask questions. $159.00
Contact: New Jersey Institute for Continuing Legal Education at phone number: (732)
214-8500
Additional information: Book & seminar elder law & estate administration including:
Why Have a Will?
Gathering information; standard provisions; designation of fiduciaries; protective clauses; sample forms; Ethics and who is the client?
Powers of Attorney Types of POAs; what should be included; why clients need them; POAs and Living Wills; Sample Forms
Living Trusts (Revocable/Irrevocable) as an Estate Planning Tool and Why it should be used; disadvantages; revocable vs. irrevocable; Insurance Trusts; sample forms Basic Tax Considerations Jointly-held property; "I love you" Will; no Will at all; insurance owned by client; unlimited marital deduction; estate planning in the testamentary document;
Sample Forms/Letters
Estate Administration and New Probate Law in New Jersey Probate process; duties
of executor/fiduciary; gathering of assets; tax returns; tax waivers; access to property; sample forms/checklists
Medicaid Planning in Light of Federal Medicaid Reform Countable assets of Medicaid applicant; income cap/Medical needy standard; look-back period; transfers of property;personal residence; Medicaid estate recovery rules and more.
April 8, 2009
In This Issue
_______________
1. Real Estate Sales - Spring is the Time for Real Estate Sales.
2. Recent Cases: Trial Judge Must Determine Probable Cause for DWI Stop.
3. Ocean County Jury Awards $17M to Family Hurt in Car Crash.
4. Employer Not Responsible for Employee Intoxicated Outside the Workplace.
5. Press Release: Nuts & Bolts of Elder Law & Estate Administration Seminar - Tuesday, April 28, 2009 from 5:30PM to 9:30PM.
1. Real Estate Sales - Spring is the Time for Real Estate Sales.
To better serve our Probate and Senior citizen clients, Kenneth Vercammen has taken and passed the NJ Real Estate Salesperson test. The examination consists of numerous questions taken over a 4 hour period after taking numerous classes. Mr. Vercammen is now also a licensed real estate agent, and is affiliated with one of the largest real estate agencies in the country.
We also note Bob Tona of South Brunswick has joined Jersey Mortgage Company. For mortgages and refinances, call Bob Tona at 800-342-6597 or 732-739-4082.
The sale of a home is probably the largest transaction a person will ever undertake. Careful consideration should be given to the technical difficulties involved in the transfer.
The Contract of Sale
A Contract of Sale is an agreement for the purchase and sale of real estate. This is the most important document in any real estate transaction because it establishes the respective rights and responsibilities of the purchaser and the seller.
Since the Contract of Sale is important and legally binding New Jersey requires a 3 day attorney review period on Contracts prepared by a realtor. Please read the contract before signing. If you have any questions, please ask your real estate agent. If there are any clauses you want added, such as the house sale "As Is", make sure they are added to the Contract before signing.
The 3 day attorney review period is to protect the buyer and seller from being forever bound by a contract without them receiving the benefit of legal advice. You only have three days to have your attorney review the contract and make the appropriate changes. Remember that once a Contract is signed and in final form after 3 days, your rights and obligations are fixed concerning the transaction. Your attorney will no longer have the opportunity to structure the Contract to meet your objectives.
Read and Understand the Contract Before Signing your Contract of Sale
Perhaps the seller may want to retain possession of the property for some time in order to find new accommodations. You should make sure these clauses are included in the contract defining such rights prior to signing. Never sign a contract involving the sale or purchase of real estate until you have done the following:
1. Read the Entire Contract.
2. Written Down Your Questions and Posed Them to Your Realtor.
3. Made Sure All Your Requested Clauses are Included, Such as the House Being Sold "As Is".
These are only a few matters usually covered in the contract. However, they illustrate the variety of terms and conditions to be considered when you enter into such a transaction.
Work With Your Realtor
Your realtor is a highly trained licensed professional. Their goal is to help you through this closing. They perform substantial work and earn the commissions of between $8,000- $16,000. In order to keep your legal fees down, you should be calling you realtor with routine questions regarding the closing. We have learned by past experience if you, your realtor or you family call your attorney's office every day, these calls are not included in the $800 fee, and there will be a charge for excess calls. The buyer is entitled to obtain a termite inspection and home inspection.
Inspections are scheduled by the realtors. If the buyer requests repairs after the home inspection report is done, speak with your realtor first.
The seller is responsible for obtaining the smoke detector certificate, plus municipal certificate of occupancy if required by your town. Discuss these with your realtor. Please also arrange the walk through with your realtor.
Closing Date is Approximate
You should understand that the proposed closing date in the Contract is an approximate closing date. The actual closing depends upon the buyer's mortgage company issuing a commitment and a mortgage check. We do not set the closing date, that is set by the buyer's attorney. The realtor should be calling the buyer's attorney to determine time of closing and directions to the closing, not our office.
If Seller fails to timely obtain a written mortgage payoff statement, there will be an additional charge of $100.00 for the Seller's attorney to obtain the written payoff statement.
SELLERS INFORMATION SHEET
KENNETH VERCAMMEN & ASSOCIATES, PC
(To be filled out by seller and returned to seller's attorney)
1. SELLERS NAME: (as it appears on deed)
__________________________________________
2. Real Estate being Sold:
Lot No. _________ Block No. __________
Address: __________________________________
3. Present Mortgage Company:
__________________________________
Address: _________________________________
Loan No. ________________
800 Telephone No. ____________
(Provide copy of payoff amount)
4. Other Mortgages, including Bridge Loans or Home Equity:
Name of Mortgage Company:
_______________________________________
Address: ______________________________
Loan No. __________________
800 Telephone No. ________________________
(Obtain written copy of payoff amount from bank, a verbal payoff will not be good
enough)
5. Social Security Number:
(H) ___________ (W) ________
6. Is any Seller age 62 or over? If so, name and
Date of Birth: ____________
7. Name, Address, Telephone number of Condominium Association, if any
____________________________________
8. Type of Fuel: Gas _____ Oil ______
PLEASE ATTACH A COPY OF TITLE INSURANCE, SURVEY, & DEED (not original)
9. Marriage Information:
Date of Marriage __________
Maiden or Prior Name(s) __________
Prior Marriages _____________________
(Copy of Final Judgment of Divorce needed, not original)
10. Address After Property Sale:
_______________________________________
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
2. Recent Cases: Trial Judge Must Determine Probable Cause for DWI Stop.
State v. McDade App. Div 14-2-3257
Following denial of his motion to suppress evidence, defendant entered a conditional plea of guilty to driving while intoxicated. The sole issue on appeal was the validity of the motor vehicle stop where the officer stopped the car because a passenger side rear tail light was out. Defense counsel suggested that there were multiple lights on each side of the car's rear and argued that the malfunctioning of a surplus lamp does not give rise to a reasonable suspicion of a motor vehicle code violation.
Finding that the community caretaking function exception to the warrant requirement does not apply, and that the legality of the stop depends exclusively on whether there was a total of two functioning rear tail lamps, one on each side, a fact that cannot be determined from the record, the panel remands to the Law Division for further fact finding.
Source: Daily Briefing 3/31/2009 NJ Law Journal
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
3. Ocean County Jury Awards $17M to Family Hurt in Car Crash.
After a defense stipulation to liability and a three day damages trial, an Ocean County jury on Wednesday awarded $17 million to Jennifer and Alvin Roden and their three young children who were hurt in a horrific collision with an oncoming car that strayed into the Roden's lane. Their daughter Madeline, whose legs were paralyzed in the August 2006 crash in Tuckerton, won $10 million and the other riders were awarded amounts ranging from $50,000 to $4 million. The defendant's insurer, New Jersey Manufacturers Ins. Co., paid the plaintiffs' property damage of $20,000 at the outset of the case and offered to pay the remaining $480,000 of the defendant's policy last November, but plaintiffs' lawyer rejected the offer. He says NJM had reason to know from the start that the defendant was liable and that the injuries would be far greater than $500,000. An arbitration panel awarded the plaintiffs $8 million but NJM opted for a trial de novo instead of paying it.
Source: Daily Briefing 4/3/2009 NJ Law Journal
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
4. Employer Not Responsible for Employee Intoxicated Outside the Workplace. Riley
v. Keenan 4-02-09 A-6054-06T3
The issue in this automobile negligence action is whether an employer may be held liable for injuries to a third party caused by an intoxicated driver acting outside the workplace and outside the scope of his employment. Even assuming the employee's work-related sleep deprivation, as claimed by plaintiff, the court could see no reason to extend the notion of duty to, or create a new theory of recovery against, an employer in circumstances where the employer neither knew nor had control over its employee's "incapacity", nor engaged in any affirmative act to worsen the situation, and where the independent intervening act of the employee's intoxication broke any causal connection between work fatigue and the ensuing automobile accident.
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
5. Press Release: Nuts & Bolts of Elder Law & Estate Administration Seminar
Time: Tuesday, April 28, 2009, 5:30 PM to 9:30 PM
Location: Pines Manor, Edison
Speakers:
THOMAS D. BEGLEY, JR., ESQ.,
KENNETH A. VERCAMMEN, ESQ.
Chair, ABA Elder Law Committee
2006 NJSBA Municipal Court Practitioner of the Year
KATHLEEN A. SHERIDAN, ESQ.
MARTIN A. SPIGNER, ESQ.
This practical program is designed to provide the nuts and bolts of elder law practice & estate administration practice to general practitioners and young lawyers, as well as to more experienced estate planners and professionals who help senior citizens.
You'll also gain insight on how Federal Medicaid Reform will impact seniors. Fee includes 330 plus page book, dinner, seminar and opportunity to ask questions. $159.00
Contact: New Jersey Institute for Continuing Legal Education at phone number: (732)
214-8500
Additional information: Book & seminar elder law & estate administration including:
Why Have a Will?
Gathering information; standard provisions; designation of fiduciaries; protective clauses; sample forms; Ethics and who is the client?
Powers of Attorney Types of POAs; what should be included; why clients need them; POAs and Living Wills; Sample Forms
Living Trusts (Revocable/Irrevocable) as an Estate Planning Tool and Why it should be used; disadvantages; revocable vs. irrevocable; Insurance Trusts; sample forms Basic Tax Considerations Jointly-held property; "I love you" Will; no Will at all; insurance owned by client; unlimited marital deduction; estate planning in the testamentary document;
Sample Forms/Letters
Estate Administration and New Probate Law in New Jersey Probate process; duties
of executor/fiduciary; gathering of assets; tax returns; tax waivers; access to property; sample forms/checklists
Medicaid Planning in Light of Federal Medicaid Reform Countable assets of Medicaid applicant; income cap/Medical needy standard; look-back period; transfers of property;personal residence; Medicaid estate recovery rules and more.
NJ Laws Email Newsletter E300
NJ Laws Email Newsletter E300
March 25, 2009
In This Issue:
1. When There's No Will, There is No Way.
2. Child Support Continues After Age 21 Unless Formal Motion Filed to Terminate
Child Support.
3. Police Could Stop Car based on Call by Daughter that Father was Drunk.
4. Summons Must Contain Specific Statute Charged.
5. Harassment Requires Purpose to Harass.
6. Reminder Upcoming Events, Car Pools and Networking.
This is our 300th issue of the NJ Laws Email Newsletter! We started in Spring,1999. I look forward to continuing to provide updates in law and providing advice to friends and clients.
-------------------------------------------------------------------------------------------------
1. Where There's No Will.....There is No Way....
If you do not write a Will, the State has already written one for you. Your assets
go to whoever a state law says receives the assets, or to the government itself!
A Will should be a testimony to the things you truly care about: your spouse, your children, your parents, your friends, your Church and charities. You can consider remembering your church or school.
If You Have No Will:
Compiled By Kenneth Vercammen, Esq.
If you leave no Will or your Will is declared invalid because it was improperly prepared or is not admissible to probate:
* State law determines who gets assets, not you
* Additional expenses will be incurred and extra work will be required to qualify an
administrator-Surety Bond, additional costs and legal fees
* Judge determines who gets custody of your children
* Possible additional State inheritance taxes and Federal estate taxes
* If you have no spouse or close relatives the State may take your property
* The procedure to distribute assets becomes more complicated
* It may also cause fights and lawsuits within your family
When loved ones are grieving and dealing with death, they shouldn't be overwhelmed with Financial concerns.
Think- Who don't you want to receive your assets? Without a Will, they could receive your assets and request custody of children.
Who is not the best choice to raise your children, or safeguard your children's money for college? Do you want children, or grandchildren, to get money when they turn 18? Will they invest money wisely, or go to Seaside and play games?
A Will must not only be prepared within the legal requirements of the New Jersey Statutes but should also be prepared so it leaves no questions regarding your intentions.
WHY PERIODIC REVIEW IS ESSENTIAL
Even if you have an existing Will, there are many events that occur which may necessitate changes in your Will. Some of these are:
* Marriage, death, birth, divorce or separation affecting either you or anyone named in your Will
* Significant changes in the value of your total assets or in any particular assets which you own
* A change in your domicile
* Death or incapacity of a beneficiary, or death, incapacity or change in residence of a named executor, trustee or guardian of infants, or of one of the witnesses to the execution of the Will
* Annual changes in tax law
* Changes in who you like
MAY I CHANGE MY CURRENT WILL?
Yes. A Will may be modified, added to, or entirely changed at any time before your death provided you are mentally and physically competent and desire to change your Will. You should consider revising your Will whenever there are changes in the size of your estate. For example, when your children are young, you may think it best to have a trust for them so they do not come into absolute ownership of property until they are mature. Beware, if you draw lines through items, erase or write over, or add notations to the original Will, it can be destroyed as a legal document.
Either a new Will should be legally prepared or a codicil signed to legally change portions of the Will.
A portion of your Will and Estate Planning can be deducted on your income tax return when it deals with tax planning. Thus, part of the fee is tax deductible for income tax purposes.
Call prior to April 2 for a confidential consultation on Estate Planning prior to April 15 tax day. We help clients avoid probate problems and efficiently transfer assets to beneficiaries. We also help senior citizens to organize their estates to achieve a secure retirement.
2. Child Support Continues After Age 21 Unless Formal Motion Filed to Terminate Child Support.
Child support is usually determined through a formal court order. Child support orders, wage withholding, and other Court Orders usually continue forever until a Superior Court Judge signs a Formal Court Order modifying the prior Order. For example, in child support issues, even if a divorce decree states support ends when the child ends full time school, child support does not automatically end.
A new Motion must be filed in the Superior Court. It is not sufficient for you to simply wait for a child to finish school. Motions are required to terminate alimony or change any prior court order or divorce decree. Many Divorce decrees and Property Settlement Agreements state that child support will end upon emancipation. For example, the term "emancipation" is sometimes defined as follows: (i) The completion of the child's formal education on a matriculated basis, whether it be graduation from a four year undergraduate school or high school, it being understood that so long as the child is diligently pursuing his formal education through a four year undergraduate college education and obtaining passing grades the child shall not be considered emancipated. (ii)
Upon the completion of any of the aforesaid segments of the child's education, and upon the failure to commence the next segment of his education, or upon leaving school, the child shall be deemed emancipated unless failure to continue on with his education has resulted from injury or illness or some other cause beyond the child's control. (iii) The marriage of the child. (iv) Entry into the military or armed forces by the child.
Your attorney can draft the appropriate Motion to terminate child support if the child is emancipated. You will need to provide your attorney with relevant papers including a copy of the Final Judgment for Divorce, any other Child Support Orders, copy of birth certificate if available, proof of graduation from school or working full time, etc. Sometimes the child support recipient, usually the mother, will sign a Consent Order which your attorney can file without the need for a detailed hearing. However, generally a Formal written Notice of Motion must be filed in the County Superior Court where the child support Order was entered. The requirements of the Motion are detailed and must include the correct filing fees. Child support does not end merely if the child reaches 18 and graduates high school. Most child support Orders continue child support if the child is in college full time. However, don't give up. In the unreported Appellate Division decision of Kozak v Kozak __NJ Super. __ (App. Div. decided January 9, 2003) the court reduced child support during the period of time the child resided at the college campus.
The judge determined it was appropriate to calculate child support only for the period of time the child was not residing at college.
Many motions to terminate child support are filed in June when if it becomes clear an 18 year old child is not going to attend college.
More information at:
http://www.njlaws.com/motions-in-child-support.htm
3. Police Could Stop Car based on Call by Daughter that Father was Drunk. State
v. Amelio 197 NJ 207 (2008)
Based on the report to dispatch by defendant's seventeen-year- old daughter, who identified herself, reported that her father was driving drunk, described the vehicle, and exposed herself to criminal prosecution if her report was knowingly false, there was reasonable and articulable suspicion of an offense to support a constitutional motor vehicle stop by the police.
On YouTube:
http://www.youtube.com/watch?v=cYZlrFr2_qo
4. Summons Must Contain Specific Statute Charged. State v. Thulin (App. Div. 2008) A-1691-07T4 Unpublished.
Conviction following a trial de novo for refusal to submit to a Breathalyzer test reversed; one of the six summonses issued to the defendant following a single-vehicle accident described the offense as "refusal to submit to blood" and cited the implied-consent statute, N.J.S.A. 39:4-50.2; however, no summons was issued for failure to submit to a Breathalyzer test; relying on the State Trooper's testimony that he had read the "New Jersey Motor Vehicle Commission Standard Statement for Operators of a Motor Vehicle" to the defendant as required by N.J.S.A. 39:4-50.2(e), the Law Division found the defendant guilty of violating N.J.S.A. 39:4-50.4a; however, the Appellate Division agreed with the defendant that his conviction had to be reversed because the failure to accurately state the charge against which he had to defend violated due process.
Source: NJ Lawyer Daily Briefing November 7, 2008
5. Harassment Requires Purpose to Harass.
State v. Otto (App. Div. 2008) A-2502-07T4 Unpublished.
Conviction following a trial de novo of the petty disorderly persons offense of
harassment affirmed; the defendant police officer was the subject of an internal
investigation that led to his discharge; a female sergeant who had participated
in the investigation told the defendant that he was being discharged, and she escorted him to his office to gather his belongings; the defendant first stopped at his car, where he retrieved a bottle of green liquid; while cleaning out his desk, the defendant sprinkled green liquid out of the bottle onto one of the sergeant's feet; the sergeant,who was wearing open-toed sandals, began to feel a "burning" or "tingling" sensation,and she washed her foot, told the defendant that she was going to press charges, and took the bottle of green liquid as evidence; the defendant lunged at the sergeant,who backed away from him until she was up against a wall; the Appellate Division rejected the defendant's argument that the State had failed to establish under N.J.S.A. 2C:33-4 the necessary element of purpose to harass and that his only purpose was to retrieve the bottle and not to intimidate or harass the sergeant.
Source: NJ Lawyer Daily Briefing - October 23, 2008
6. Reminder Upcoming Events,Car Pools and Networking.
March 28 - Rat Race 5mile 10:00 Neptune/Wall
plenty of free beer
www.jsrc.org/raceapps/ratrace.htm
March 30 - NJ State Bar Mun Ct Section
Speaker- Hon. Spencer Robbins NJ Law Center
March 30 - WILLS, PROBATE AND ELDER LAW
Adult and Community Education, 7:00PM - 8:30P.M.
East Brunswick Adult & Community Education Program
April 18- Jersey Shore Relay For Special Olympics 5,4,3,2,1 teams 26 miles, 9am
From Seaside Hts To Asbury Park 732-681-9464 free beer! If you cant run, you can volunteer or pay to go to party
[If you are attending one of these events, please email us. Sometimes our groups
car pool to events and network]
March 25, 2009
In This Issue:
1. When There's No Will, There is No Way.
2. Child Support Continues After Age 21 Unless Formal Motion Filed to Terminate
Child Support.
3. Police Could Stop Car based on Call by Daughter that Father was Drunk.
4. Summons Must Contain Specific Statute Charged.
5. Harassment Requires Purpose to Harass.
6. Reminder Upcoming Events, Car Pools and Networking.
This is our 300th issue of the NJ Laws Email Newsletter! We started in Spring,1999. I look forward to continuing to provide updates in law and providing advice to friends and clients.
-------------------------------------------------------------------------------------------------
1. Where There's No Will.....There is No Way....
If you do not write a Will, the State has already written one for you. Your assets
go to whoever a state law says receives the assets, or to the government itself!
A Will should be a testimony to the things you truly care about: your spouse, your children, your parents, your friends, your Church and charities. You can consider remembering your church or school.
If You Have No Will:
Compiled By Kenneth Vercammen, Esq.
If you leave no Will or your Will is declared invalid because it was improperly prepared or is not admissible to probate:
* State law determines who gets assets, not you
* Additional expenses will be incurred and extra work will be required to qualify an
administrator-Surety Bond, additional costs and legal fees
* Judge determines who gets custody of your children
* Possible additional State inheritance taxes and Federal estate taxes
* If you have no spouse or close relatives the State may take your property
* The procedure to distribute assets becomes more complicated
* It may also cause fights and lawsuits within your family
When loved ones are grieving and dealing with death, they shouldn't be overwhelmed with Financial concerns.
Think- Who don't you want to receive your assets? Without a Will, they could receive your assets and request custody of children.
Who is not the best choice to raise your children, or safeguard your children's money for college? Do you want children, or grandchildren, to get money when they turn 18? Will they invest money wisely, or go to Seaside and play games?
A Will must not only be prepared within the legal requirements of the New Jersey Statutes but should also be prepared so it leaves no questions regarding your intentions.
WHY PERIODIC REVIEW IS ESSENTIAL
Even if you have an existing Will, there are many events that occur which may necessitate changes in your Will. Some of these are:
* Marriage, death, birth, divorce or separation affecting either you or anyone named in your Will
* Significant changes in the value of your total assets or in any particular assets which you own
* A change in your domicile
* Death or incapacity of a beneficiary, or death, incapacity or change in residence of a named executor, trustee or guardian of infants, or of one of the witnesses to the execution of the Will
* Annual changes in tax law
* Changes in who you like
MAY I CHANGE MY CURRENT WILL?
Yes. A Will may be modified, added to, or entirely changed at any time before your death provided you are mentally and physically competent and desire to change your Will. You should consider revising your Will whenever there are changes in the size of your estate. For example, when your children are young, you may think it best to have a trust for them so they do not come into absolute ownership of property until they are mature. Beware, if you draw lines through items, erase or write over, or add notations to the original Will, it can be destroyed as a legal document.
Either a new Will should be legally prepared or a codicil signed to legally change portions of the Will.
A portion of your Will and Estate Planning can be deducted on your income tax return when it deals with tax planning. Thus, part of the fee is tax deductible for income tax purposes.
Call prior to April 2 for a confidential consultation on Estate Planning prior to April 15 tax day. We help clients avoid probate problems and efficiently transfer assets to beneficiaries. We also help senior citizens to organize their estates to achieve a secure retirement.
2. Child Support Continues After Age 21 Unless Formal Motion Filed to Terminate Child Support.
Child support is usually determined through a formal court order. Child support orders, wage withholding, and other Court Orders usually continue forever until a Superior Court Judge signs a Formal Court Order modifying the prior Order. For example, in child support issues, even if a divorce decree states support ends when the child ends full time school, child support does not automatically end.
A new Motion must be filed in the Superior Court. It is not sufficient for you to simply wait for a child to finish school. Motions are required to terminate alimony or change any prior court order or divorce decree. Many Divorce decrees and Property Settlement Agreements state that child support will end upon emancipation. For example, the term "emancipation" is sometimes defined as follows: (i) The completion of the child's formal education on a matriculated basis, whether it be graduation from a four year undergraduate school or high school, it being understood that so long as the child is diligently pursuing his formal education through a four year undergraduate college education and obtaining passing grades the child shall not be considered emancipated. (ii)
Upon the completion of any of the aforesaid segments of the child's education, and upon the failure to commence the next segment of his education, or upon leaving school, the child shall be deemed emancipated unless failure to continue on with his education has resulted from injury or illness or some other cause beyond the child's control. (iii) The marriage of the child. (iv) Entry into the military or armed forces by the child.
Your attorney can draft the appropriate Motion to terminate child support if the child is emancipated. You will need to provide your attorney with relevant papers including a copy of the Final Judgment for Divorce, any other Child Support Orders, copy of birth certificate if available, proof of graduation from school or working full time, etc. Sometimes the child support recipient, usually the mother, will sign a Consent Order which your attorney can file without the need for a detailed hearing. However, generally a Formal written Notice of Motion must be filed in the County Superior Court where the child support Order was entered. The requirements of the Motion are detailed and must include the correct filing fees. Child support does not end merely if the child reaches 18 and graduates high school. Most child support Orders continue child support if the child is in college full time. However, don't give up. In the unreported Appellate Division decision of Kozak v Kozak __NJ Super. __ (App. Div. decided January 9, 2003) the court reduced child support during the period of time the child resided at the college campus.
The judge determined it was appropriate to calculate child support only for the period of time the child was not residing at college.
Many motions to terminate child support are filed in June when if it becomes clear an 18 year old child is not going to attend college.
More information at:
http://www.njlaws.com/motions-in-child-support.htm
3. Police Could Stop Car based on Call by Daughter that Father was Drunk. State
v. Amelio 197 NJ 207 (2008)
Based on the report to dispatch by defendant's seventeen-year- old daughter, who identified herself, reported that her father was driving drunk, described the vehicle, and exposed herself to criminal prosecution if her report was knowingly false, there was reasonable and articulable suspicion of an offense to support a constitutional motor vehicle stop by the police.
On YouTube:
http://www.youtube.com/watch?v=cYZlrFr2_qo
4. Summons Must Contain Specific Statute Charged. State v. Thulin (App. Div. 2008) A-1691-07T4 Unpublished.
Conviction following a trial de novo for refusal to submit to a Breathalyzer test reversed; one of the six summonses issued to the defendant following a single-vehicle accident described the offense as "refusal to submit to blood" and cited the implied-consent statute, N.J.S.A. 39:4-50.2; however, no summons was issued for failure to submit to a Breathalyzer test; relying on the State Trooper's testimony that he had read the "New Jersey Motor Vehicle Commission Standard Statement for Operators of a Motor Vehicle" to the defendant as required by N.J.S.A. 39:4-50.2(e), the Law Division found the defendant guilty of violating N.J.S.A. 39:4-50.4a; however, the Appellate Division agreed with the defendant that his conviction had to be reversed because the failure to accurately state the charge against which he had to defend violated due process.
Source: NJ Lawyer Daily Briefing November 7, 2008
5. Harassment Requires Purpose to Harass.
State v. Otto (App. Div. 2008) A-2502-07T4 Unpublished.
Conviction following a trial de novo of the petty disorderly persons offense of
harassment affirmed; the defendant police officer was the subject of an internal
investigation that led to his discharge; a female sergeant who had participated
in the investigation told the defendant that he was being discharged, and she escorted him to his office to gather his belongings; the defendant first stopped at his car, where he retrieved a bottle of green liquid; while cleaning out his desk, the defendant sprinkled green liquid out of the bottle onto one of the sergeant's feet; the sergeant,who was wearing open-toed sandals, began to feel a "burning" or "tingling" sensation,and she washed her foot, told the defendant that she was going to press charges, and took the bottle of green liquid as evidence; the defendant lunged at the sergeant,who backed away from him until she was up against a wall; the Appellate Division rejected the defendant's argument that the State had failed to establish under N.J.S.A. 2C:33-4 the necessary element of purpose to harass and that his only purpose was to retrieve the bottle and not to intimidate or harass the sergeant.
Source: NJ Lawyer Daily Briefing - October 23, 2008
6. Reminder Upcoming Events,Car Pools and Networking.
March 28 - Rat Race 5mile 10:00 Neptune/Wall
plenty of free beer
www.jsrc.org/raceapps/ratrace.htm
March 30 - NJ State Bar Mun Ct Section
Speaker- Hon. Spencer Robbins NJ Law Center
March 30 - WILLS, PROBATE AND ELDER LAW
Adult and Community Education, 7:00PM - 8:30P.M.
East Brunswick Adult & Community Education Program
April 18- Jersey Shore Relay For Special Olympics 5,4,3,2,1 teams 26 miles, 9am
From Seaside Hts To Asbury Park 732-681-9464 free beer! If you cant run, you can volunteer or pay to go to party
[If you are attending one of these events, please email us. Sometimes our groups
car pool to events and network]
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