Adults and children with debilitating illness and disease may be eligible to obtain and consume marijuana legally now under The New Jersey Compassionate Use Medical Marijuana Act. The law is very clear as to the particular medical conditions for which a patient can be approved for the Medical Marijuana Program. It is not designed to authorize anyone to use marijuana, a controlled substance, in any quantity at any time. It is designed specifically to help people cope with debilitating pain. Parents with custody of minor children may become eligible to use medical marijuana. And children under the age of 18 may also become eligible. So the issues surrounding marijuana use in general have become a significant issue in child custody matters. Users are constrained by law from operating any motor vehicle while under the influence of marijuana. This important fact impacts…Read More
Memorial Day weekend is closer than you think. Your initial thought is to head “Down the Shore” and patronize your favorite club or restaurant but that thought soon disappears when you consider the shore traffic and the potential for a “DWI” charge against your license. Your next thought is to entertain at home with friends and family but is this a wise choice given the potential liability? What Are The Legal Consequences Of Being A “Social Host” In the legal world, a social host is any person, who invites, by express or implied invitation, individuals into their home and supplies them with alcoholic beverages. Simply put, if you are throwing a party, you are not only the “hostess with the mostess” but you are also now considered by law a “social host.” As a result of this designation, you are…Read More
In other words, a casual agreement with your spouse is not appropriate because it’s not legal. Petitioning the court for modification of child support orders is the only way to change the legal child support obligations originally established by the court at the time of your divorce, or whenever child support and custody was set. The New Jersey Family Support Payment Center provides the following explanation regarding the collection of child support monies each month, “Federal law requires child support payments to be automatically deducted from the paycheck of the payor (parent providing financial child support). Income withholding makes it easier for both the payee (parent receiving child support payments) to collect timely, regular payments and the payor to be assured of regular payments to avoid any enforcement activity. The employer deducts the child support amount and sends it to…Read More
If you are a business owner in New Jersey, coming up with a valuation of your business may become an important component in your divorce documents. You’ll be filling out a Family Case Information Statement, which requires you to reveal your income and the source of your income. It also requires a balance sheet of assets and liabilities. Revealing your financial details for use of the court and also for your spouse’s attorney is a very serious matter. Intentionally or accidentally omitting information can subject you to legal consequences, so you are best advised to prepare all portions of the information statement with the advice of your family lawyer. How you state the value of your business depends on the specific type of legal entity and the percentage of ownership involved. While your accountant will be able to provide the…Read More
A settlement agreement is the signed, written document produced at the end of a lawsuit, or when settling a dispute before or during a lawsuit, but without moving through the whole process to reach a final judgment in court. Both parties to the dispute, if there are only two, or all parties to the dispute, when there are several, must sign the settlement agreement in order to make it legally binding. Generally, lawyers draft settlement agreements on behalf of their clients, and they make changes in the agreements as negotiations proceed toward a mutually-agreeable conclusion. Sometimes both (or several) lawyers are involved in drafting the changes in settlement agreements. In reality, most civil lawsuits result in settlement agreements. In general, this is true of family law matters and business matters. “Public policy favors the settlement of disputes.” Willingboro Mall, Ltd.…Read More
Most people think about a woman when they picture a victim of physical abuse. But statistics show that many men and boys also become victims of physical abuse at some point in their lives. Setting aside the huge and critical topic of child abuse in general, males can be an over-looked victim of physical abuse in the context of their marriage. Even though a husband may have more physical strength and the ability to defend himself in an altercation with his wife, he may choose to avoid hitting back because he has a deep belief that it’s not right for a man to hit a woman. Female celebrities sometimes reveal their stories of inflicting abuse on spouse or life partner, or tell-all reporters break the news instead. That’s just publicity, and it rarely affects their productive lives or impacts their…Read More
The stress and inevitable losses of time and money, as well as other valuable resources involved in any divorce make it difficult to think clearly sometimes. Making good decisions when you’re involved in a divorce and for some time thereafter can be a challenge. Most mental health professionals and family lawyers handling divorce cases will agree that it’s wise to line up some trusted advisors who will stick with you throughout the process and thereafter. Leaning on your friends and family may seem like the best option, because those are the people who really care about you and who don’t expect to be paid. But friends and family may be experiencing their own strong emotions and even a certain level of burnout after the experience of helping you through a divorce. Even if they appear to be rock-solid and welcome…Read More
Without knowing the facts of your case, it’s impossible to say whether or not a judge will definitely speak to your children in the course of your divorce and custody hearings. In New Jersey, judges have discretion to interview children involved in a custody matter. A judge is required to use his or her best judgment as to whether or not an interview is necessary, based on many factors, including the unique circumstances of the child custody case, the child’s age, and the likelihood of obtaining testimony of any value to the case. In an attempt to elicit a child’s cooperation and engender a sense of safety, some judges tell children upfront that anything said in the interview will remain confidential. A child is usually told that neither of the parents will ever know what is said, which is not…Read More
“The driver of a vehicle or street car involved in an accident resulting in injury to or death of any person, or damage to property of any one person in excess of $500.00 shall by the quickest means of communication give notice of such accident to the local police department or to the nearest office of the county police of the county or of the State Police, and in addition shall within 10 days after such accident forward a written report of such accident to the commission on forms furnished by it. Such written reports shall contain sufficiently detailed information with reference to a motor vehicle accident, including the cause, the conditions then existing, the persons and vehicles involved and such information as may be necessary to enable the chief administrator to determine whether the requirements for the deposit of…Read More
Child custody is often one of the most complicated issues in the divorce process. The divorce process is quite lengthy and daunting for the parents, but it can also have a detrimental impact on the children. If the parents cannot reach a mutual agreement amongst themselves in relation to child custody, the issue is then handled by the Family Division of the Superior Court of New Jersey in whatever county they reside in. Child custody is composed of Legal Custody and Physical/Residential Custody. Legal custody is when the parent/s has the responsibility of making decisions concerning the child’s health, education and welfare. Typically, parents share what is known as Joint Legal Custody. Physical/Residential Custody deals with where the child resides. There is a lengthy list of factors under N.J.S.A. 9:2-4c that the Courts must abide by and consider when handling…Read More
