Social Security Disabilty No Longer Offers Automatic Relief From Child Support in NJ

The New Jersey Family Court system does not accept social security's declaration that an individual is disabled as an indication that the person cannot work at all. In Gilligan v. Gilligan, the Court decided it is the burden of the obligor to either pay child support or prove why they are unable to do so. When making the ruling, the Court considered the maximum allowable earnings an obligor parent can make without jeopardizing their social security benefits and decided it could impute to the parent the ability to earn income up to that maximum amount. Currently, $1,010 per month is the maximum an individual may earn per month without jeopardizing their social security benefits. If they are blind, a person may earn $1,690 per month without jeopardizing social security benefits. Previously, in Golian v. Golian, decided in 2001, the Court held that a party receiving social security disability was presumed unable to work to pay child support. The burden of proof was on the parent seeking support to prove the disabled individual was capable of earning money to pay for child support. Putting the onus on the party without access to medical records placed them at a disadvantage in litigation. The Court, in Gilligan, did distinguish it from Golian by stating the difference between Golian's interest in alimony compared to Gilligan's interest in child support. The distinction between the two cases seem to be the strong public interest in parents supporting their children. This means a declaration of disability by social security remains a valid reason to avoid payment of alimony. This blog is for informational purposes only and in no way intended to replace the advice of an attorney regarding your specific matter. If you are seeking a modification of support or someone is seeking to modify a support order imposed on you, you should consult an experienced family law attorney immediately in order to protect your rights. For more information on alimony, divorce, dissolution of civil union or domestic partnership, custody, child support or other family law matters in New Jersey visit HeatherDarlingLawyer.com.

Traffic Law Violations Expanded To Criminal Liability in NJ

The NJ Appellate Court upheld the decision of Sussex County Superior Court Judge N. Peter Conforti in finding violating seatbelt laws can result in criminal liability . The application of a statute designed to protect the general public safety has been used only sparingly by prosecutors since it was enacted in 1997. In the matter involved, State v. Lenihan, an 18 year old driver was found to be operating a vehicle after "huffing"- inhaling propellant as from an aerosol can with the purpose of becoming intoxicated. The driver lost control if the vehicle and the 16 year old passenger was killed in the ensuing crash. the resultant police investigation revealed the passenger was not wearing a seatbelt. When an individual acts recklessly and injures another while violating a law intended to protect the public safety they are guilty of a crime. The act of driving under the influence likely caused the accident and the failure to wear a seatbelt was a compounding factor in the death of the passenger. Under circumstances such as these, public policy favors a broad reading of legislative intent to mete out punishment and deter others from committing similar acts. Although normally viewed as a simple traffic offense, failure to wear a seatbelt was read by the Court to permit additional charges to be levied against the defendant. This blog is for informational purposes only and in no way intended to replace the advice of an attorney regarding your specific matter. If you are accused of criminal offense, you should consult an experienced criminal law attorney immediately in order to protect your rights. For more information on traffic offenses, municipal court matters or criminal law matters in New Jersey visit HeatherDarlingLawyer.com.

Increased Penalties For Burglary Are Pending in NJ

Pending legislation upgrades second degree burglary of a residence to first degree if the actor is armed. Due to the danger to human life which is always present during a home invasion, the NJ Assembly passed A-1035 on March 15, 2012. This bill is now on the desk of Governor Christie. The bill is sponsored by Assemblymen Anthony Bucco of Morris and Somerset, Ralph Caputo of Essex, Michael Patrick Carroll of Morris and Somerset and Jon Bramnick of Morris, Somerset and Union. Burglary is defined in the bill as entering or surreptitiously remaining in a dwelling or structure adapted for overnight accommodation of persons. The text of the bill includes that no one need be present when the burglary occurs. To be considered armed under the bill, the actor may display "what appears to be" explosives or a "deadly weapon." In the situation of a burglary, the actor and the victims are often surprised to encounter each other within the residence. The results are frequently deadly and the actions the parties may be confusing to each other. An actor encountered by a homeowner may be perceived as armed by virtue of an object the actor is holding with no intent to use the object as a weapon. The terms of this statute will greatly increase the penalties for such an actor to up to 10-20 years in prison and $200,000 in fines. This blog is for informational purposes only and in no way intended to replace the advice of an attorney regarding your specific matter. If you are a defendant in a burglary matter, you should consult an experienced criminal law attorney immediately in order to protect your rights. For more information on burglary, robbery, theft, shoplifting or other criminal law matters in New Jersey visit HeatherDarlingLawyer.com.

Modification of Alimony- What is Required in NJ?

A change in employment or earnings of a spouse, either the payor or the payee, is not necessarily enough for a modification of spousal support. The court requires a "prima facie showing of changed circumstances" to consider modification of support. Prima facie is latin for "at first sight" or "on its face." What this means if that the change must appear, to the court, to be significant and in need of further consideration at a hearing. The change in circumstances required for a modification of support is one that substantially impairs the ability of a spouse to support himself or herself. This means a long-term change, not simply a reduction in income during a slow period in a spouse's business cycle. The court also considers the earning capacity or potential earning power of the spouse, not simply whether they are using the ability or the power. This means if the court finds the spouse can earn more, the court will impute to the spouse the income the court believes they can make. A long-term change in the economy, a certain industry leaving the area or a long-term disability are examples of reasons the court will consider modification of alimony. This blog is for informational purposes only and in no way intended to replace the advice of an attorney regarding your specific matter. If you are seeking a modification of support or someone is seeking to modify a support order imposed on you, you should consult an experienced family law attorney immediately in order to protect your rights. For more information on alimony, divorce, dissolution of civil union or domestic partnership, custody, child support or other family law matters in New Jersey visit HeatherDarlingLawyer.com.

Possible Expansion of DNA Collection in NJ

If pending bill, S-436, becomes law, DNA collection will be expanded from those convicted of, or pleading guilty to indictable offenses. The new law would permit the collection of DNA to those convicted of disorderly persons offenses or found not guilty by reason of insanity. This means that those convicted, or entering guilty pleas, in Municipal Court would be required to provide a DNA sample. The law would also apply to juvenile offenders. This will greatly expand the DNA database and could have serious implications on members of society who have been labeled, by virtue of having a record from a low level municipal offense, as offenders of our laws. Minor offenders may be incriminated for future crimes by virtue of their DNA being found in an area they frequent for lawful purposes. This blog is for informational purposes only and in no way intended to replace the advice of an attorney regarding your specific matter. If you are charged with a crime, even if you believe it to be a minor municipal offense, you should consult an experienced criminal law attorney immediately in order to protect your rights. For more information on criminal law or municipal court matters in New Jersey visit HeatherDarlingLawyer.com.

When Does a Child's Disability Extend or Bar Emancipation in NJ

In the event a child becomes disabled before emancipation, the extent of the disability will also be a factor in when emancipation of the disabled child occurs, if at all. If a disabled child is determined unable to support themselves by a court of law, child support will continue until such time as there is a change in the child's condition. At any time, if the spouse paying child support has legitimate cause to believe there is a change in the child's condition enabling the child to support themselves, the party is entitled to a hearing and discovery regarding the child's medical condition. Although a child may not be fully able to support themselves due to a disability, in the event they are able to partially support themselves, the payor spouse may still be entitled to a reduction in their child support obligation. This blog is for informational purposes only and in no way intended to replace the advice of an attorney regarding your specific matter. If you are seeking an increase or decrease in child support, you should consult an experienced criminal law attorney immediately in order to protect your rights. For more information on child support modification, custody, divorce, civil union dissolution or other family law matters in New Jersey visit HeatherDarlingLawyer.com.

Eyewitness Identification Rules Change in NJ Criminal Cases

Deciding the human memory is not foolproof like a video that can be re-played and show the same picture every time, the New Jersey Supreme Court has placed tighter regulations on eyewitness identifications in criminal cases. New Jury instructions will require jurors to consider procedures used by law enforcement during eyewitness identification including suggestiveness in the composition or nature of a lineup or photo array, verbal cues or suggestions by the officers during identification, nonverbal cues or gestures by the officers during identification as well as any other factors which may have suggested to the eyewitness that the defendant in question was the one they saw. The human mind is subject to suggestion and observations are filtered through the past experiences and memories of the viewer. There are factors the Court listed as readily affecting eyewitness' perception are duration of the event, distance between the eyewitness and situation, focus on a weapon rather than entire scene, the stress the eyewitness felt as a result of the situation, cross-racial identification and lighting conditions. This blog is for informational purposes only and in no way intended to replace the advice of an attorney regarding your specific matter. In the event an eyewitness identification is what the State uses to build a case against you, there may be a very good defense available. If you are a defendant in a criminal matter, you should consult an experienced criminal law attorney immediately in order to protect your rights. For more information on eyewitness identification or criminal law matters in New Jersey visit HeatherDarlingLawyer.com.