2053 Woodbridge Avenue - Edison, NJ 08817

Tuesday, September 13, 2016

E501 1. Fly the Flag on 9/11 2. Termination of Child Support after High School Graduation and Upon Emancipation 3. Volunteer Legal Interns needed, Public Defender of Metuchen 4. No mandatory jail on leaving scene 5. Next Community events 6. Recent Youtube links

Kenneth Vercammen, Attorney at Law

September 7, 2016

In this issue:

1. Fly the Flag on 9/11  
2. Termination of Child Support  Upon Emancipation 
3. Volunteer Legal Interns needed, Public Defender of Metuchen  
4. No mandatory jail on leaving scene 
5. Next Community events 
6. Recent Youtube links
1. Fly the Flag on 9/11
     Get your Flag Ready! Please join us in this FLY THE FLAG campaign and PLEASE forward this email to everyone in your address book asking them to also forward it.  If you forward this email to at least 11 people and each of those people does the same, you get the idea.
     On 9/11, an American flag should be displayed outside every car, home, apartment, office, and store in the United States. Every individual should make it their duty to display an American flag on the anniversary of one our country's worst tragedies. We have extra flags in our office reception area. 
       Our patriotism pulled us through some tough times and it shouldn't take another attack to galvanize us in solidarity. Our American flag is the fabric of our country and together we can prevail over terrorism of all kinds.
Take a moment to think back to how you felt on 9/11 and let those sentiments guide you.
      Fly an American flag of any size on 9/11. Honestly, Americans should fly the flag year-round, but if you don't, then at least make it a priority on this day.

2. Termination of Child Support after High School 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.

      The Public Defenders provide indigent individuals charged with criminal or serious motor vehicle charges with free or limited cost legal defense. The Public Defender of Metuchen again invites students interested in attending law school or a career in law enforcement to serve as volunteer interns.
     Can you spare one night per week to help indigent people in need? No experience needed, just a desire to help people.
 Wednesday  4pm PM [approx]- 8:30 PM, Friday morning optional   
Volunteer Internship description:
-Interview persons facing charges in Municipal court including drug possession, drunk driving, assault, theft, driving while suspended and other disorderly and traffic offices
-Make demands for discovery from the prosecutor and review police reports
-Attend hearings and learn from experienced Attorneys
-Prepare Motions to Suppress Evidence 
-Learn how to add criminal statutes to the NJ Criminal law blog
-Must be dependable, and have a car to drive to court.
-Mail or fax  cover letter and  resume to 732-572-0030 fax 
Kenneth Vercammen, Esq. 
Public Defender for the Borough of Metuchen
c/o 2053 Woodbridge Ave.
Edison, NJ 08817

4. No Mandatory Jail on Leaving Scene  

State v. Frank ___ NJ Super. ___ (2016) A-0832-13T1.
    Defendant was convicted of leaving the scene of a motor vehicle accident involving serious bodily injury, N.J.S.A. 2C:12-1.1, and leaving the scene of a motor vehicle accident resulting in injury, N.J.S.A. 39:4-129(a). The trial court ordered that the motor vehicle violation merge into the criminal offense, and that the penalties survive merger. The judge sentenced defendant to a four-year term of probation for the criminal offense and a custodial sentence of 180 days on the Title 39 violation, believing the custodial sentence was mandatory. The court agreed that the criminal offense and motor vehicle violation merged as a matter of law, and that the Title 39 penalties survived merger, but the court reversed the imposition of a custodial sentence, concluding it was not mandatory under N.J.S.A. 39:4-129(a), and remanded for resentencing.  
5. Next Community Events:
9/10 Fallen Heroes Memorial Run Bar Anticipation, Lake Como 5k 9:30  Co-Sponsor Wakefern ShopRite
9/10 Edison Elks End of Season Pool Party
9/11  September 11 Memorial run Belmar boardwalk to Spring Lake 6pm [not a race]
9/17 Rumson 2000 run HHH Hartshorne woods 10:17am
9/18 JSRC Picnic at Monmouth Park Racetrack
9/24 KeyportFest 5K  Fireman's Park Saturday 8:30 am         
9/24 Edison Fall festival Amboy Ave., Edison
9/25 Asbury Park One More Triathlon 7:30
9/25 Steeplechase 5k & 10k Hillsborough  

6Recent Youtube Links

Grounds for challenges to a Will
Grounds for challenges to a Will
Theft charges and penalties
Theft charges and penalties

Sale of house in a probate case
Sale of house in a probate case

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Editorial Assistance Provided by DeVante Crews. Mr. Crews is participating in Ken Vercammen's Summer Internship Program and currently a student at Rutgers University New Brunswick.

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.
2053 Woodbridge Ave.
Edison, NJ 08817
(Phone) 732-572-0500
(Fax) 732-572-0030
website: www.njlaws.com