U.S. Supreme Court Justices Meet Today to Consider Same-Sex Marriage

The U.S. Supreme Court Justices will meet today to decide whether they will accept any of 10 appeals pending before them regarding same-sex marriage. If any of the appeals is accepted, the argument will be whether there is a fundamental constitutional right to gay and lesbian marriage. Although six states have approved same-sex marriage and other states have approved various forms thereof which do not afford all rights associated with heterosexual marriage, there is presently no recognition by the federal government of same-sex marriage. Lack of recognition of same-sex marriage by the U.S. government deprives gays and lesbians of the benefits of obtaining spousal social security benefits, pension benefits, family medical leave protection, filing joint federal tax returns and bankruptcy benefits. Deprivation of these benefits to those in long-term, monogamous same-sex relationships can have devastating results over a lifetime. If any of the appeals is accepted, no decision will likely be made until the middle of 2013 but same-sex partners around the country await the Justices decision on the appeal today. For information regarding same-sex law in New Jersey, including civil unions, domestic partnerships, adoption, dissolution, custody, child support, support agreements, property division or other legal concerns of gay, lesbian, bisexual, transgender couples in New Jersey visit HeatherDarlingLawyer.com. This blog is for informational purposes only and in no way intended to replace the advice of an attorney regarding your specific matter.

DWI Acquittal Results in Dismissal of Vehicular Manslaughter Case In NJ

Defendant was charged with DWI, vehicular manslaughter, possession of marijuana, paraphernalia, reckless driving and CDS in a motor vehicle. Defendant was acquitted of the DWI but was found guilty of all charges. Defendant appealed the vehicular manslaughter charge because the Model Jury Charge did not instruct that the DWI acquittal needed to be taken into account. The New Jersey Appellate Court held that the erroneous instructions relative to the DWI constituted reversible error. The Appellate Court also found that instructing the jury on the concept of "recklessness" without comparison to the concept of "negligence" was erroneous. The conviction for vehicular manslaughter was vacated. DUI/DWI in NJ is not taken lightly in any case and can have significant implications in related matters such later personal injury or vehicular manslaughter charges. If you are charged with DUI in NJ you should seek an experienced attorney immediately to protect your rights. For more information on Driving While Intoxicated, reckless driving or other serious municipal court/traffic matters in New Jersey visit HeatherDarlingLawyer.com. This blog is for informational purposes only and in no way intended to replace the advice of an attorney regarding your specific matter.

Child Support Modifications Are Not Retroactive in NJ

In a post-judgment motion for modification of child support the court imputed plaintiff, a nurse with no demonstrated disabilities income of $65,000, for purposes of calculating child support and imputed defendant, a painter, $35,000 for purposes of calculating child support. The court modified child support according to the incomes imputed and made it retroactive to a date preceding the filing of defendant's modification motion. The New Jersey Appellate Court reversed the retroactive modification as contrary to New Jersey Statue 2A:17-5:6.23a which limits the modification of child support to the date upon which a motion for modification is filed. The court also reversed the imputation of income to defendant because it was not supported by his case information statement. If you are seeking or fighting a change in child support, you should consult an experienced family law attorney immediately in order to protect your rights. For more information on child support, custody, parenting time/visitation, adoption, dissolution of a civil union, marriage or domestic partnership, modifications, alimony, palimony or other family law matters in New Jersey visit HeatherDarlingLawyer.com. This blog is for informational purposes only and in no way intended to replace the advice of an attorney regarding your specific matter.

Conviction For Armed Robbery While Unarmed in NJ?

This case begins like a good joke: An unarmed man walks into a bank and hands the teller a note saying "I've got a bomb- hand over the money." Only in this case the bank was real, the man was real, the teller was real and the penalties are real. The only thing that was not real was the bomb but the man was convicted of first-degree armed robbery by simulation and was sentenced to 14 years. The New Jersey Appellate Division was more forgiving and reversed the conviction as it seemed unreasonable to them, given the circumstances, that the teller could believe the man had a bomb. Their reasoning is that a conviction would require conduct or something indicating the weapon alleged was present. The prosecutor's office argued that bombs are sophisticated these days and have been hidden in shoes and undergarments to be later identified on airplanes and that, failure to see a large ticking device no longer means a bomb is not present. This very well may become an issue ripe for change in the future If you are a defendant in an armed robbery case, you should consult an experienced criminal law attorney immediately in order to protect your rights. For more information on robbery, armed robbery, burglary, theft, shoplifting or other criminal law matters in New Jersey visit HeatherDarlingLawyer.com. This blog is for informational purposes only and in no way intended to replace the advice of an attorney regarding your specific matter.

Past Due Support Can Affect Your NJ Business

If you are obligated to pay child support to a former spouse or domestic partner you, and your business partners, may be shocked when your business interest is attached by them. Although they may only attach your interest, a former spouse or partner who obtains a judgment against you for past due child support can affect your business by tying it up in litigation and creating strife among you and the other members of your limited liability company (LLC). New Jersey Statute 42:2B-45 allows a judgment creditor to attach the interest of a debtor in any limited liability company in which they are a member. This judgment will not attach to the interest of any other LLC members but litigation as to what your specific interest in the LLC is can create enough tension to result in dissolution, or your being forced out of the LLC by the other members. If you are seeking to collect or defending against collection of a large amount of past due child or spousal support you should contact a family law attorney with small business divorce experience immediately to protect your rights. For more information on child support, spousal support, palimony, alimony, divorce, dissolution of civil union or domestic partnership or other family law matters in New Jersey visit HeatherDarlingLawyer.com. This blog is for informational purposes only and in no way intended to replace the advice of an attorney regarding your specific matter.

Confession of a Juvenile Sex Offender Without Parents is Admissible in NJ

The Union County Prosecutor's Office contacted a juvenile's parents regarding an alleged sexual assault committed by the 13 year old boy, A.W. The child's father, whose first language is Spanish, voluntarily brought A.W. to the Union County Child Advocacy Center for an interview. The standard for confessions of a juvenile under 14 is that they are presumed inadmissible unless a parent or guardian was unwilling or unable to be present. This interview began in the presence of the father and discussion was in Spanish because the father speaks very little English. As the interview continued, A.W. offered his denials of any sexual conduct with the victim in Spanish but began to provide the detective conducting the investigation information in English. The detective then advised that even if the allegations were true, A.W. would likely receive therapy but not face juvenile detention or jail. The detective next began making reference to the domineering size of the boy's father and the fact that the father's presence may render A.W. fearful of consequences. In English, A.W. offered to speak candidly with the detective if his father was not there. The detective explained to the father, in Spanish, that A.W. wished to speak with her without his father's presence and presented the father with a waiver of his right to be present upon which she required his signature before he left the room. Once alone with the detective, A.W. admitted to touching the victim's vagina. The confession resulted in a charge of aggravated sexual assault as a juvenile, a conviction, 3 years of probation and Megan's Law, N.J.S.A. 2C:7-1 to 11 and 19. A.W.'s motion to suppress the videotape of the interview was upheld by the N.J. Supreme Court on the grounds that the father willingly and voluntarily left the room. If a juvenile is charged with a crime, the disposition of the charges can change his or her future by prohibiting them from entering certain schools, fields of employment and, in the case of Megan's Law offenses, certain residences or neighborhoods. It is critical for any juvenile charged with a criminal offense to seek an experienced juvenile defense attorney immediately to begin protecting their rights and their future. For more information on juvenile offenses, sex-offenses, Megan's Law provisions or other criminal charges in NJ, visit HeatherDarlingLawyer.com. This blog is for informational purposes only and in no way intended to replace the advice of an attorney regarding your specific matter.

Emancipation Event May Be Defined By Parties

A father’s motion to emancipate his son was remanded to the trial court for a hearing as to the parties’ intent. The New Jersey Appellate Court held that the parties could define an emancipation event and each party’s intent at the time the agreement was formed required consideration by the trial judge. The Appellate Court further held that, in considering this emancipation request of a 19 year old taking only one class at Bergen Community College and estranged from the father seeking the emancipation, the Family Part Judge could not interpret the parties’ Marital Settlement Agreement without a plenary hearing. The Appellate Division set forth the factors the trial court must way in making a decision as to whether continuing child support at the agreed upon, or existing, level is equitable. The factors include whether any change in income is permanent or temporary, whether any reduction of income on the part of either party is in bad faith, whether any change in income was voluntary and the obligor's ability to pay at the time of the motion for reduction. If you are seeking or fighting a change in child support, you should consult an experienced family law attorney immediately in order to protect your rights. For more information on child support, custody, parenting time/visitation, adoption, dissolution of a civil union, marriage or domestic partnership, modifications, alimony, palimony or other family law matters in New Jersey visit HeatherDarlingLawyer.com. This blog is for informational purposes only and in no way intended to replace the advice of an attorney regarding your specific matter.