E511
1. Recent Cases NJ Supreme Court makes "plain
view" car searches easier. State v. Gonzales __ NJ __ (2016)
2. Protective Search on House Not Permitted Where No
Evidence Another Person Present.
3. Valentine's Day February 14.
4. Passage of Termination of Child Support Law
Starting February 1st
5. Next Community
& Charity events. We Support OUR Community.
1. Recent Cases NJ Supreme Court makes “plain view” car searches easier
State v.
Gonzales __ NJ __ (2016)
The Court
now excises the inadvertence requirement from the plain-view doctrine. Because
it is setting forth a new rule of law, the Court will apply the reformulated
plain-view doctrine prospectively. Nevertheless, the Court holds that the trial
court’s finding of inadvertence is supported by credible evidence in the
record. The Court therefore reverses the judgment of the Appellate Division and
reinstates the trial court’s denial of the motion to suppress. A-5-15
2. Protective search on house not permitted where no evidence another
person present. State v. Bryant __ NJ __ (2016)
The officers here lacked reasonable and
articulable suspicion that another party was present; much less that another
party posed a danger to officer safety. The protective sweep was thus
insufficient to establish an exception to the warrant requirement, and any
evidence found as a result of that sweep—even if it was found in plain
view—must be excluded and suppressed as fruit of the poisonous tree. A-2-15
3. Valentine’s
Day February 14. Thomas Begley Esq
wrote for Valentine's Day, we
remind you to protect your loved ones by planning for the
future. Estate and financial planning will ensure that
your health care and financial goals are met if you should become incapacitated
or after you pass away. It will provide peace of mind to you and your
family.
Regardless
of your net worth, if you are over eighteen, it's important to have a
basic estate plan in place. A basic estate plan should include a
Will, a Power of Attorney, and an advance directive (Living Will
with health care proxy). Estate planning may also include trusts
which enable you to put conditions on how and when your assets will be
distributed upon your death. To learn more about estate planning, please
read www.njlaws.com/wills.html
4. Passage
of Termination of Child Support Law starting February 1*
This new child support law
establishes 19 as the age when a child support and/or medical support
obligation will end. The new law allows for child and/or medical support to
continue up to age 23 for cases in which the dependent is still in high school;
attending full-time college, vocational or graduate school; is disabled; if the
parties reached a separate agreement; or, if continued support was granted by
the court. The effective date of the law is February 1, 2017, and applies to
all child support orders.
Families with a child age 22 3 /4 or older as of
February 1, 2017, will be mailed a Notice of Child Support Obligation
Termination on February 1, 2017, with child support ending on May 1, 2017
(and not the child's 19th birthday) as the new law is phased in. Families with
a child between the ages of 22 1/2 and 22 3/4 on February 1, 2017, will be
mailed a Notice of Child Support Obligation Termination on February 1, 2017,
with child support ending on August 1,
2017 (and not the child's 19th birthday) as the new law is phased in.
Families with a child between the ages of 18 1/2
and 22 1/2 as of February 1, 2017, will be mailed a Notice of Proposed
Child Support Obligation Termination on February 1, 2017, with child support
ending on August 1, 2017 (and not necessarily the child's 19th birthday)
as the new law is phased in. This Notice will contain information on how
to request a continuation of child support as well as how the amount of child
support may change.
If your Judgment of Divorce (JOD) or support order
specifies a termination date other than the dependent's 19th birthday, that
date will stand and you will not be permitted to request an
administrative continuation of support. However, you still may receive a
termination notice and be asked to send in a copy of the JOD or order
containing the termination date.
If you have a dependent turning 19 after August
1, 2017, you will receive a Notice of Proposed Child Support Obligation
Termination 180 days before your child's 19th birthday.
If there is no response to the first notice, a
second Notice of Proposed Child Support Obligation Termination will be sent out
90 days before the dependent's 19th birthday. If no continuation is granted
after the second notice, the order of support will end as of the child's 19th
birthday. Both parties will receive an updated order reflecting this change.
If back child support
is owed when the child support terminates, the non-custodial parent still is
responsible for paying that off and the order will still be enforced for the
arrears.
If you receive an updated order for continued
support and wish to oppose it, you may file an application or motion with the
court. If there are younger children on the order in addition to the
19-year-old (or older) child(ren), parents may file an application or motion
with the court to adjust the child support amount.
In order to ensure that all notices and
informational updates are received, please confirm that the Child Support
Program has your most current mailing address, cell phone number and email
address.
5. Next community & charity events.
We are always.
February 8, 2017 2nd Remove
& Expungement of NJ Criminal Arrests and Convictions- Free Seminar from
5:00pm-5:45
Location: Law Office of Kenneth Vercammen,
2053 Woodbridge Ave, Edison, NJ 08817
COST: Free if you pre-register. Complimentary materials
provided. This program is limited to 15 people. Please bring a canned food
donation, which will be given to the St. Matthews Edison Food Bank. Please
email us if you plan on attending Discharge Under NJ Law past criminal arrests
and convictions can be expunged/ erased under certain instances. This program
will discuss the expungement process. I served as a Municipal Prosecutor and
was amazed how minor criminal guilty pleas and even dismissed charges can
affect someone’s ability to get a job or advance a career. Do you have children
or someone you know or work with that needs an expungement?
Attorneys- If space exists you can attend if
you want to learn more about expungements
Feb
11 Friends of Cynthia & Kenneth Vercammen are invited to
Cynthia's 60th Birthday get together Saturday February 11, 2017
Ken
V will bring sandwiches and snacks
Edison Elks Lodge
Old Post Road
Edison NJ 08817-4653
No children permitted by state law
since alcohol served.
No gifts please. Ok to bring
something for the summer Tiki Bar!
Edison Library
New NJ Estate Tax Law, Wills, & Estate
Seminar
two dates:
February 13 at 7pm
Clara
Barton Library 141 Hoover Ave, Edison, NJ 08837 (732) 738-0096
February 28 Edison Library Main Branch 340
Plainfield Ave. Edison, NJ 08817
February
22 Anniversary of the Miracle on Ice,
the greatest moment of 1980 Watch Final Minute of the "Miracle on Ice"
March
1 Ash Wednesday
