2053 Woodbridge Avenue - Edison, NJ 08817

Friday, July 08, 2016

E496: 1. Belmar 5 Mile Race fun teams July 9, 8:30am 2. Termination of Child Support after College Graduation and Upon Emancipation. 3. Join the Elks Club 4. Professionals, Attorneys, 5k runners, Friends, Clients, Law Enforcement invited to Happy Hour & Networking Social July 15, 2016 5. Recent cases: Defense to refusal where person medically unable to provide breath samples 6. New Metuchen Bishop Graduate of University of Scranton

NJ LAWS EMAIL NEWSLETTER E496
Kenneth Vercammen, Attorney at Law



 
1. Belmar 5 Mile Race fun teams July 9, 8:30am
2. Termination of Child Support after College Graduation and Upon Emancipation.
3. Join the Elks Club
4. Professionals, Attorneys, 5k runners, Friends, Clients, Law Enforcement invited to  Happy Hour & Networking Social July 15, 2016
5. Recent cases: Defense to refusal where person medically unable to provide breath samples
6. New Metuchen Bishop Graduate of University of Scranton
1. Belmar 5 Mile Race fun teams July 9, 8:30am
      Kenneth Vercammen is again putting together 5 teams of both competitive and non-competitive runners.  If you can finish 5 miles in less than 1 hour, you can be on our teams of fun.
    Our winning teams in last year won free beer tickets. Individual Application online at http://www.belmar5.com/belmar.pdf  or go to
       The name of our teams are US Olympic Development 1, RVRR Beer Mile Champs, and US Olympic Development 3 [just trying to finish] and our masters, known as "The Legends of Belmar". We will have runners from several running clubs, including RVRR. JSRC, FARC, CJRR & Sandy Hooker Tri Club and Rumson Hash.
         You do not need to be a member of USATF or any club to be on a team. We would like 30 people of different abilities. We try to set up a tent with USA flag on top to share with the Wakefern Shoprite club near the La Yogurt truck.
If you have or will enter the Belmar 5, email Ken V atKenV@njlaws.com your name and bib #
                                After you register Bib # will be online.
 
  Team awards, music and Beach party, after the race at Bar Anticipation.
    Post Race Party discounts all day after the Race!
    Bar Anticipation - 703 16th Avenue, Lake Como (formerly South Belmar)
 Call Kenneth Vercammen at 732-572-0500
 
2. Termination of Child Support after College Graduation and Upon Emancipation.
 
      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 the payor 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: 
     1. 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. 
 
     2. 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.
       3. The marriage of the child. 
       4. 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 lengthy 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 Order 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.
 
3. Join the Elks clubs
 
       The Metuchen YMCA is not running the Edison Community Pool this year. To join the pool for 2016, you need to join the Elks. I have enjoyed my Community Elks membership in the Edison Elks for 25 years.
    The Elks have been synonymous with charity and community for over 100 years.  They have distributed more than 3 billion dollars in cash, goods, and services to our country's youth, veterans and disadvantaged.  In Edison and other towns, they sponsor Hoop Shoot, Soccer Shoot, college scholarship and drug education and prevention programs.        
 
ELKS - MY TOP 15 FUN EVENTS
Kenneth Vercammen
 
1.     Wildwood Convention
2.     Lobster Night
3.     St. Patty's Dinner
4.     Good Friday Dinner
5.     Officers Installation & Dinner
6.     Easter Egg Hunt for Children
7.     Friendship at hundreds of clubs on the USA
8.     Swim Club opening for Elks/YMCA Edison Pool
9.     Family Pool Day
10.   Beef & Brew
11.   Family Pool Night
12.   Nascar Night
13.   Soccer Shoot out for Children
14.   Halloween Party for Children
15.   Ladies Auxiliary Christmas Party
16.   Christmas Party for Children
 
       We Elks are a nationwide fraternal organization of well over a million American citizens.  We love our country and desire to preserve its cherished institutions, traditions and values.  We respect our neighbors and constantly seek to promote their well being.  We love and enjoy life and believe this enjoyment is increased by sharing it with family, friends and all with whom we come in contact.
 
       We expend over two million dollars yearly to bring encouragement, cheer and comfort to hospitalized veterans throughout the United States in fulfillment of our solemn pledge: "So long as there are veterans in our hospitals, the Benevolent and Protective Order of Elks will never forget them."
 
       Through our local Lodge, district, state and national programs, we provide healthful activities, guidance and assistance to over eight million boys and girls every year.  We fund scholarships, athletic teams, summer camps, scouting, and drug education programs,  We encourage civic, environmental, and patriotic involvement through essay contests, seminars and distribution of materials; as well as family-oriented activities in our Lodges.
 
       Elks operate numerous camps, hospitals, clinics, training centers and in-home services for the care and treatment of children and adults with  physical disabilities including vision and speech problems, all across the county.
 
         In our many benevolence Elks and Lodges throughout the United States spend over forty-five million dollars annually in our various works of community betterment and charitable programs.  This does not take into consideration donated hours equivalent to over thirty-five million dollars.
 
     In approximately 2,300 Elks Lodges throughout the United States, persons prominent in public, business and professional life can be found.  In these Lodges, located in the principal cities and towns throughout America, the hand-clasp of fraternity and a warm welcome as a visiting Brother await you.
 
4. Professionals, Attorneys, 5k runners, Friends, Clients, Law Enforcement invited to Happy Hour & Networking Social July 15, 2016
at Bar Anticipation 703 16th Ave. Lake Como/ Belmar, NJ 07719
   Free !    Sorry is this is dup but we did not want to miss anyone
5:30-7:55PM Hot & Cold Buffet
   The reduced price Happy Hour is 6-7PM with $1.50 House Drink, Bud/BudLt draft & House Wine Special
      Outdoor bands, prize giveaways. Bring your friends. Pass this along. Please bring a canned food donation for a community food bank, continuing to provide food and help to individuals in need.
      Email Ken Vercammen's Law Office so we can put your name on the VIP list for wristbands.     VercammenLaw@Njlaws.com
   If your group, non-profit or organization wishes to co-sponsor the next networking happy hour, please contact
KENNETH VERCAMMEN, Esq.
2053 Woodbridge Ave. Edison, NJ 08817  
 
Recent cases:
5. Defense to refusal where person medically unable to provide breath samples State v. Monaco__ NJ Super __ (App. Div. 2016)
 
   In affirming defendant's conviction of driving under the influence and refusal to submit to a chemical breath test, the court address two points related to the refusal conviction. First, applying State v. O'Driscoll, 215 N.J. 461 (2013), the court holds that defendant failed to present evidence that her refusal was materially affected by the failure to inform her that she would be required to install an ignition interlock if convicted. Second, the court holds that a defendant bears the burden to prove that he or she lacked the physical capacity to perform the chemical breath test. In this case, defendant maintained her asthma rendered her incapable of providing the minimum air volume. Although defendant's treating physician testified about her pulmonary function, the Law Division judge found the proofs were insufficient to establish defendant was incapable of providing the requisite air volume.
6.  New Metuchen Bishop Graduate of University of Scranton
      James Checchio was installed as the fifth Bishop of the Diocese of Metuchen mycentraljersey.com. The new bishop is a graduate of the mighty University of Scranton. He probably attended different social events than Ken Vercammen, Class of 81, and Steve V, Class of 85.

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Editorial Assistance Provided by Nicholas Idler. Mr. Idler is participating in Ken Vercammen's Summer Internship Program and currently a student at the West Virginia University College of Law. 
 
Editor's Note and Disclaimer:
All materials Copyright 2016. You may pass along the information on the NJ Laws Newsletter and website, provided the name and address of the Law Office is included.
KENNETH VERCAMMEN & ASSOCIATES, PC
ATTORNEY AT LAW
2053 Woodbridge Ave.
Edison, NJ 08817
(Phone) 732-572-0500
(Fax) 732-572-0030
website: www.njlaws.com