Same-Sex Marriage Debate in New Jersey Rages On

The debate on the same-sex marriage continues to rage on in the state of New Jersey in lieu of recent developments in the New Jersey judicial system. Last year, the New Jersey State Legislature passed a Marriage Equality law that would have allowed same-sex couples to marry in the states, but at that time, Governor Chris Christie vetoed the bill and temporarily ended the debate. On Friday September 27, 2013, New Jersey Superior Court judge Mary Jacobson ruled that same-sex couples in New Jersey must be allowed to get married, beginning on October 21, 2013. According to Judge Jacobson, gay and lesbian couples are being denied equal rights under the law and therefore must be allowed the right to marry just like heterosexual couples. If the state were to issue marriage licenses to same sex couples on October 21st, they would have all of the same state and federal benefits that heterosexual couples enjoy. Many marriage equality supporters from around the state joined together in celebration of Judge Jacobson's ruling, but does her ruling truly end the debate? The answer is, no. Governor Christie has stated that he will appeal Judge Jacobson's decision. Typically, the Appellate Division would first have to hear a challenged case, but in this instance state lawmakers and the governor have asked the New Jersey Supreme Court to consider the matter, circumventing the Appellate Division. On October 2, 2013, Governor Christie asked the judiciary to delay the enforcement of Judge Jacobson's order until the appeal can be decided by the Supreme Court. Judge Jacobson's ruling is the first of its kind since the United States Supreme Court released its ruling that the federal government cannot deny federal benefits to married same-sex couples. Judge Jacobson based her opinion in part on that United States Supreme Court decision. It is still too early to predict how Judge Jacobson's ruling will impact marriage equality in the state of New Jersey. Ultimately, this latest development proves that the debate over same-sex marriage in this state is still a hot topic and is far from over. With the legislature, the judiciary, and the governor all weighing in heavily on the debate over the past few years, the only certainty with regard to issues of same-sex marriage in New Jersey is that people throughout the state feel very passionately about the issue. Whether the legal status of same-sex marriage changes soon or not, has yet to be decided. If you are seeking to enter into or dissolve a civil union, there are ways to protect yourself and your partner under the existing laws by entering into contractual agreements where the law falls short of offering you protections offered to heterosexual married couples. For those in the LBGT community who are in long-term relationships and cohabitating, it is important to consult with experienced legal counsel regarding the steps you should take to protect your present and future interests under NJ Law. For more information on same-sex civil union, dissolution, divorce, custody, visitation, child support or other family law matters in New Jersey visit www.NJCivilUnionLaw.com and HeatherDarlingLawyer.com. This blog is for informational purposes and in no way intended to replace the advice of an attorney.

What Is Covered In Child Support Obligations

The expenses and items that are covered in child support obligation calculations are governed in New Jersey by the Child Support Guidelines. These guidelines were established to describe what items and expenses that child support obligations are supposed to cover. Besides the mandatory expenses that the guidelines automatically include in the calculation there are other potential items and expenses that should also be included if they are necessary to the functioning of a particular family. According to the Child Support Guidelines, allowable expenses for child support obligations include: Health Insurance for the Children: There are nominal costs for adding a child or children to a parent's health insurance policy which should be included in a child support obligation calculation. Further, it is important to note that the parent who lists a child or children on his or her insurance is only given a credit for the children's portion of the health insurance costs. Work -Related Child-Care Expenses: The cost of any work-related child care expenses incurred by the parent is included in the calculation. For instance, day care or day camp costs. To be included in the child care calculation, the cost must be assumed to care for a dependant, minor child or for a dependant who is physically or mentally disabled. Foreseeable and Recurring, Unreimbursed Medical Expenses: The first $250.00 of each child's unreimbursed medical expenses is included in a party's child support obligation under the Child Support Guidelines. If a particular child assumes regular and predictable unreimbursed medical expenses for an affliction, this expense should also be included in the child support obligation. If such expenses are not predictable, recurring, or foreseeable, then they are not included in the child support calculation but the cost should be shared equally among the parities based upon their income percentage. Other Court Approved Expenses: New Jersey Courts, at their discretion, can add to a party's child support obligation for foreseeable and/or expenses that are not routinely encountered by families. Some examples include: special need accommodations for children who are gifted or who suffer from disabilities; non-custodial parent transportation costs; or special educational costs. These aforementioned examples and other like examples must be approved by the court to be included in a basic child support obligation. Although it seems reasonably simple, everyone has heard horror stories regarding child support from friends or family members and knows such matters must not be taken lightly due to significant financial consequences for the parties. If you are seeking a divorce or dissolution of a civil union or wish to modify an existing child support order you should consult an experienced family law attorney immediately. For more information about child support, emancipation, divorce, civil union dissolution, child custody or other family law matters in NJ visit HeatherDarlingLawyer.com. This blog is for informational purposes and in no way intended to replace the advice of an attorney.

Pre-Marital Agreements Require More Consideration in New Jersey

Pre-nuptial agreements are becoming more and more popular in New Jersey, but these pre-marital agreements now require more consideration than before. Recently, the New Jersey Uniform Premarital and Pre-Civil Union Agreement Act was revised in such a way that makes it harder than before to break that agreement even with changed circumstances. A pre-marital or pre-civil union agreement acts as a contract between two people to determine the distribution of property and assets in the event that the union dissolves. When these agreements are being established and executed, parties usually do not consider that the dissolution of their relationship is a realistic possibility and draft the agreement on emotions rather than on practicality. Parties may fail to consider situations that may require an agreement to revised after it has been executed - such as a serious illness, disability, or the inability to work. These situations may leave one party in a greater need of support than the other. Recently, Governor Chris Christie signed amendments to the law that make it more difficult for a party to revise a pre-nuptial or pre-civil union agreement. The new amendments to the law specify that a New Jersey court can only alter or revise an agreement if the party wishing to revise the agreement can prove that it was unconscionable at the time it was executed. For instance, such an agreement would be considered unconscionable if a party entered into the agreement without full knowledge of the other parties' property, assets, or debts and without voluntarily waiving his or her rights to such knowledge. A court would be likely to modify an agreement that was signed under these circumstances. On the other hand, New Jersey courts will no longer void or modify agreements based on happenstance or changed circumstances that occur after the agreements have been executed. Ultimately, for a pre-nuptial or pre-civil union agreement to remain effective certain factors must be successfully satisfied. The agreements must be willingly and voluntarily executed by the parties and must be memorialized in writing. Next, all parties to the agreement must disclose all of his or her fiduciary liabilities and assets in order to ensure that the agreement is not unconscionable at execution. Then, the parties must have the execution of the agreement notarized. Since pre-nuptial and pre-civil union agreements are becoming more popular as family dynamics and family constitutions are changing in the Garden State, any person who may be considering instituting such an agreement before they get married or enter into a civil union must educate themselves on the changing legal status of such agreements and how the validity of such agreements may or may not be challenged after execution. If you are considering entering into a marriage or civil union and wish to protect children of a first marriage, there is great disparity in the income or new worth between you and your intended, you should consult with an experienced family law attorney to learn your rights and liabilities in the event things do not last. For more information regarding Pre-nuptial, Pre Civil Union agreements, alimony, equitable distribution or other family law matters in New Jersey visit HeatherDarlingLawyer.com. This blog is for informational purposes and in no way intended to replace the advice of an attorney.

Divorce And The Fight Over Beloved Pets

Fighting over a beloved pet in a divorce, dissolution, or separation can be one of the most difficult and heart-wrenching aspects of the entire process. People fight over a great deal of property, but few items are as vigorously contested as who will possess the loving family pet. Historically, New Jersey courts would treat pets similar to that of personal property and preferred to refrain from making determinations that directed to whom the pet would live with. In 2009, the New Jersey Appellate Division in Houseman v. Dare, re-visited this issue. In Houseman, a Gloucester county Family Division trial judge awarded a litigant $1,500 in compensation for a dog that that opposing party kept in violation of an oral separation agreement that claimed otherwise. At the trial court level, the judge ruled that monetary damages were sufficient to remedy the issue, but the Appellate Division disagreed and expanded that decision to include specific performance of the term of the agreement as an additional potential remedy for situations like this. The Appellate Division's ruling essentially re-classifies the status of pets in the eyes of the law. In his opinion, the Appellate Division judge compared pets to a family heirloom, in which money alone, could not take the place of the love and sentimental value that people feel towards their cats, dogs and other animal friends. He found that "the remedy of specific performance can be invoked to address a breach of an enforceable agreement when money damages are not adequate to protect the expectation interest of the injured party and an order requiring performance of the contract will not result in inequity to the offending party." The judge goes on to specify that specific performance is recognized as an appropriate remedy when an agreement concerns possessions of property that induce a "strong sentimental attachment," because money damages cannot compensate the injured party for the "special subjective benefits he or she derives from possession." Ultimately, the Appellate Division's ruling compels future courts to view pets as property of a higher value in divorce, dissolution, and separation proceedings. Further, because pets should be viewed as property akin to sentimental family heirlooms, specific performance is viable remedy for a breach of contract in which one party does not honor a promise to give the other party possession of a pet in a divorce, dissolution, or separation agreement. The ruling in Houseman v. Dare should provide some comfort for people who anticipate that the custody of their beloved pet will be an issue in the dissolution of their relationship. If you are considering divorce or civil union dissolution and have pets you would like to keep, you should consult an experienced family law attorney to protect your rights. For more information on divorce, dissolution separation or other family Law matters in NJ visit HeatherDarlingLawyer.com. This blog is for informational purposes and in no way intended to replace the advice of an attorney.

Emancipation And Child Support

Emancipation status will affect child support payments. If and when a child becomes legally emancipated can affect a parent's child support obligation. New Jersey is widely considered to be one of the most difficult states in which emancipations are granted. The reason for this is because although turning the age of eighteen is a major factor in the consideration of emancipation, it is not solely determinative. Determining when a child is legally emancipated from his or he parents is important for many social considerations, but it is an extremely integral element in a parent's child support calculation because the child's emancipation status can be the life event that ends a parent's obligation to continue to pay child support. New Jersey statutory law does not expressly define the elements of emancipation and therefore case law and the courts serve as the main guidance to determine a person's emancipation status. This is also why defining emancipation in New Jersey can become a difficult and case-specific endeavor. The NJ Appellate Division in Filippone v. Lee, 304 N.J. Super. 301 (App. Div. 1997) held that with regard to emancipation, the determination is very fact sensitive and requires a court to consider "whether a child has moved beyond the sphere of influence and responsibility exercised by a parent and therefore maintains an independent status of his or her own ." This holding reveals that in many instances a child may not be legally emancipated until well after they turn eighteen years of age. If a child cannot "maintain a independent status of his or her own" because he or she is enrolled in a college or other educational program, the child is not or cannot obtain gainful employment, or there are considerable other factors that preclude a child from achieving independent status, they may not be emancipated at eighteen. The practical effect of this is that a parent's obligation to pay child support may persist for many years beyond the child's eighteen birthday. If a child chooses to enroll in a full-time college program, a parent's child support obligation may extend to that child's graduation from college, which could be at twenty-two or twenty-three years of age. The events that will most likely lead to a child's legal emancipation include: marriage of the child, the child's graduation from college or similar educational pursuit, the child gaining full-time employment after reaching the age of eighteen, the child joining the military, or if the child graduates high school and chooses not to matriculate to college. Recent case law indicates that once a child reaches the age of majority, eighteen years, he or she may voluntarily waive the right to support and seek emancipation from his or her parents even if a court would find otherwise. For more information regarding emancipation, child support, child custody, divorce, civil union dissolution, alimony or other Family Law matters in New Jersey visit HeatherDarlingLawyer.com. This blog is for informational purposes and in no way intended to replace the advice of an attorney.

Unequal Rights For Civil Union Couples- No Irreconcilable Differences Grounds For Dissolution

It may come as quite a surprise to some that irreconcilable differences is not a ground for civil union dissolution in the state of New Jersey. This means that same sex couples who wish to dissolve their civil union must file under one of the statutory grounds for divorce. According to N.J.S.A. 2A:34-2.1 (2012) the only grounds that gay or lesbian couples seeking to dissolve their civil union can file under are the following: 1) voluntary sexual intercourse between a person who is in a civil union and a person other than the person's partner in a civil union; 2) willful and continued desertion for a period of 12 or more consecutive months; 3) extreme cruelty, which is defined as including any physical or mental cruelty that endangers the safety or health of the plaintiff; 4) separation, provided that the partners in a civil union couple have lived separate and apart in different habitations for a period of at least 18 or more consecutive months and there is no reasonable prospect of reconciliation; 5) voluntarily induced addiction or habituation to any narcotic drug; 6) institutionalization for mental illness for a period of 24 or more consecutive months subsequent to the establishment of the civil union; or 7) imprisonment of the defendant for 18 or more consecutive months after the establishment of the civil union. The aforementioned grounds are analogous to the grounds that can be filed for married couples who wish to end their marriage, except for the fact that irreconcilable differences is clearly not an option for couples in a civil union. This dramatically effects the dissolution process for same sex couples. Many married couples willingly choose to file for divorce under the ground of irreconcilable differences because it is a much more expedited process as neither party will bear the burden of having to prove the truth of one of the aforementioned grounds - which also leads to a much more emotionally-charged and contested process. Couples in civil unions do not have that luxury and therefore will have to prove the truth of one of the other grounds in order to dissolve the civil union which will complicated the process dramatically. This compels the party who wishes to dissolve the civil union to choose from those enumerated statutory grounds. For instance, if a party chooses to file for dissolution based on extreme cruelty, that party will have to present the court with evidence that he or she was mentally and/or physically abused by the other party. This may prompt the other party to defend him or herself thus igniting emotions and complicating and lengthening the duration of the litigation. Although gay couples may not have equal rights when it comes to marriage in NJ, they still face the same issues when a relationship ends including child custody, child support, alimony, equitable distribution and more. If you are considering or facing dissolution of your civil union you should consult an experienced civil union attorney to protect your rights and help you navigate the process. For more information regarding same-sex civil union dissolution,custody, alimony, divorce or other family faw matters in New Jersey visit HeatherDarlingLawyer.com. This blog is for informational purposes and in no way intended to replace the advice of an attorney.

How Much Would Alimony Reform In NJ Change Family Law?

Currently, there are two proposed bills before the New Jersey State Legislature regarding alimony reform that may transform divorce procedures in the state for years to come. The two proposed laws are S2750 and A3909 and, if passed, they will create guidelines for judges to follow when ordering alimony payments based on the duration of the marriage and would also eliminate permanent alimony awards altogether. The issue of the longevity of alimony has been debated in this state for decades. Many practitioners, law makers, and residents hold steadfast beliefs as to whether or not the current state of alimony should be reformed in New Jersey. The sociological perspective that supports the notion that alimony should be reformed in this state is based upon the notion that the need for permanent alimony no longer exists because most households consist of two working spouses who, in the event of the dissolution of the marriage, are capable of supporting themselves independently. Traditionally, permanent alimony existed to ensure that spouses (historically women), who remained home during the marriage to support the family in ways that did not earn money, were not left in financial ruin. Typically, these spouses either never entered the workforce or remained isolated from the workforce for so long that they found it extremely difficult to find suitable occupations because they lacked the skills that employers deemed necessary for employment. On the other hand, the alternative perspective is that there still remains large disparities in the earning potential between spouses. In the event of a divorce, one spouse usually still has a harder time financially supporting him or herself. In addition, one spouse usually serves as the parent of primary residence for their children, if the marriage spawned children, which creates additional financial hardships for that spouse. Therefore, the debate over alimony reform continues to rage on. The alimony reform bill which went before the Senate Judiciary Committee in May of 2013 places limits on the longevity of alimony based upon the duration of the marriage. The bill also provides courts with the option to make alimony awards "in the interests of justice" which means that it would still be possible for a court considering the totality of the circumstances surrounding a marriage to make an alimony award which would persist for and indefinite length of time, as justice requires. Therefore, the proposed law, although seemingly changes the landscape of alimony in New Jersey, would still leave the door open for courts to order long-term alimony awards if the particular situation required them to do so. If you are considering a divorce or modification of alimony you should consult an experienced family law attorney to learn what you may expect and obtain what you deserve. For more information regarding alimony, child support, civil union dissolution, divorce, equitable distribution, custody or other family law matters in New Jersey visit HeatherDarlingLawyer.com. This blog is for informational purposes only and not intended to replace the advice of an attorney.