2053 Woodbridge Avenue - Edison, NJ 08817

Friday, July 17, 2009

NJ Laws Email Newsletter E310

NJ Laws Email Newsletter E310
Kenneth Vercammen, Attorney at Law

July 17, 2009

In This Issue

1. Erase & Hide Criminal Arrests

Recent Important Cases...

2. Domestic Violence Final Restraining Order Reversed Where Judge did not advise Defendant of Right to Cross-examine Witness.

3. MVC can Suspend DL if NJ Driver Suspended in Another State in Prior Year.

4. Annual Client Lunch and Probate Seminar

5. Reminder: Friends of Kenneth Vercammen and Jim Capraro are invited to their 50th Birthday Party.

6. Termination of Child Support upon Emancipation in New Jersey

7. Edison Community Pool Memberships Available for Summer 2009.

1. Erase & Hide Criminal Arrests

Attention individuals with criminal arrests from their past. Legally erase criminal arrests. If someone had been arrested or even had a private criminal complaint signed against them in the Municipal Court, they have a criminal record, even if the charges were dismissed.

Under NJSA 2C:52-1 et seq. past criminal arrests and convictions can be expunged/ erased under certain instances. We always recommend individuals hire an attorney to obtain an expungement. The process for all Expungements is held in the Superior Court. It takes a minimum of three months for the court to grant the expungement. The requirements are very formal. There can be a waiting period between 6 months up to 10 years after the criminal cases are finished.

When retaining the attorney, obtain a "certified disposition" of the court's decision, from the Court itself. Court costs and Legal fees for expungement range from $1,500- $2,500.
Recent Important Cases:
2. Domestic Violence Final Restraining Order Reversed Where Judge did not advise Defendant of Right to Cross-examine Witness. Rivas v. Colon (App. Div.) decided Feb. 9, 2009 20-2-2707 Unpublished.

The final restraining order entered in this domestic violence action is vacated, the temporary restraining order is reinstated, and the matter is remanded for retrial since the procedure followed by the trial judge - including no mention of defendant's right of cross-examination or to call witnesses and the recitation of the allegations of the complaint by the judge without testimony by plaintiff - violated defendant's right to due process.

Source: N.J.L.J. Daily Briefing - 02/10/2009
3. MVC can Suspend DL if NJ Driver Suspended in Another State in Prior Year. Olsvary v. New Jersey Motor Vehicle Commission (App. Div.) decided April 29, 2009 05-2-3670 Unpublished

Appellant appealed from a final decision of the Motor Vehicle Commission (MVC) that denied her request for an administrative hearing and upheld the suspension of her New Jersey driving privileges following her plea of nolo contendere to a Florida charge of driving while intoxicated. Pursuant to the Interstate Driver License Compact, the Florida conviction was transmitted to the MVC. Appellant mistakenly believed her New Jersey driving privileges were suspended contemporaneously with her Florida privileges. The appellate panel affirmed, finding no due process violation in the agency's failure to conduct an administrative hearing where appellant presented no disputed issues of material fact when requesting a hearing.

Source: 196 N.J.L.J. 336
4. Annual Client Lunch and Probate Seminar

Past Clients are invited to our annual Client lunch and the "2009 update of the Wills and Estate Planning Seminar."

WHEN: July 29, 2009 12:30-1:15PM

WHERE: Law Office of Kenneth Vercammen, Edison, NJ 2nd Floor

You must RSVP to Kenvnjlaws@verizon.net. Space is limited to fifteen people.
5. Reminder: Friends of Kenneth Vercammen and Jim Capraro are invited to their 50th Birthday Party

Saturday, July 18 5pm- 11pm

Could the legendary giant elephant appear for elephant rides?

Friends for 50th birthday party should RSVP to kenvnjlaws@verizon.net.

6. Termination of Child Support upon Emancipation in New Jersey

Child support is usually paid through a wage withholding garnishment at the parent's job. Child support orders and wage withholding continue forever against you until a Superior Court Judge signs a Formal Court Order terminating or modifying support. It is not sufficient for you to simply wait for a child to finish school. 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 formal Motion. 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 properly determined it was appropriate to calculate child support only for the period of time the child was not residing at college.
7. Edison Community Pool Memberships Available for Summer 2009.

The Metuchen Branch YMCA and the Edison Elks are once again pleased to co-sponsor the Edison Community Pool, located on Old Post Road in Edison. They look forward to serving the South Edison Community and surrounding areas this summer, 2009.

Facilities: The newly renovated Edison Community Pool located on Old Post Road in South Edison is surrounded by a wooded picnic area. The facility boasts a 25 yard, 4-lane pool, water slide and a kiddie pool for youngsters. Bathrooms with showers and a snack area with vending machines are conveniently located around the pool area. A sand-filled volleyball court, basketball courts and playground make this swim club a place for family fun.

Dates and Hours of Operation: The Edison Community Pool will open Beginning , June 19, the pool will be open weekdays from 12:00 pm-8:00 pm through Labor Day, September 1.

Membership Type:
(Proof of age may be required at the discretion of YMCA management)

2009 Pool Fees

Family: $345.00

Family Plus: $399.00
Same as above plus one additional person who permanently resides with the family (grandparent, aunt, uncle, au pair, etc)
*Proof of residence required
Individual: $189.00
10 years or older
Senior Citizen: $130.00
Any resident over 65 years of age
Senior Couple: $210.00
2 senior citizens over 65 years of age residing in a single residence
Active Edison Elk #2487 Lodge Members: 20% discount and Metuchen Branch YMCA members are entitled to a 10% discount. Valid membership cards are required to receive an in-person discount at time of registration.

For more information, stop by any operating day during the pool season.

For more information call the YMCA at 732-548-2044.

Editorial Assistance of this email newsletter was provided by Timothy O' Donnell. Mr O' Donnell is currently participating in Kenneth Vercammen's Summer Internship Program. This fall Mr. O' Donnell will be entering his second year at Seton Hall University Law School.
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