Vol. 5, No. 2 Autumn 2000

A quarterly newsletter designed to provide legal information that family counselors and therapists can use to help their patients. Legal updates on alimony and confidentiality.

It is now possible for a divorced person to petition the court for an increase in alimony if two conditions are met. The first is that the party's former spouse must be making significantly more money now than at the time of the divorce. The second condition is that the alimony set at the time of the divorce did not allow the recipient to live in a manner comparable to the marital life style.

Divorced women or men who meet these conditions should contact their family attorney to initiate the process of petitioning the court. However, there is a caveat attached: The dependent spouse may have to show the court what she or he has done to increase her or his own earnings since the divorce.

A new ruling has important implications for practicing psychotherapists. It further defines a patient's right to privacy. In May of this year, the court ruled that if a psychologist fails to raise the issue of a patient's privilege of confidentiality and discloses confidential information without a court determination that disclosure is required, the psychologist has breached the duty owed to the patient. Furthermore, the court also found that in such a case the patient has a cause of action against the psychologist for the unauthorized disclosure of information obtained in the course of treatment.

For a copy of either case referred to in this article, call 973-746-5590 or leave a note at Ms. Cerruti's web site: www.Cerruti-FamilyLaw.com.

Only 39 percent of custodial parents receive the full amount of court-ordered child support, and 37 percent receive no support at all. This is an important issue for divorced mothers, as 85 percent of custodial parents are women.

In analyzing why non-custodial parents (usually fathers) refuse to pay child support, we are looking primarily at fathers and their attitudes. As the non-custodial parent, fathers often feel cut out of their children's lives. In fact, fathers who have regular visitation with their children pay child support 70 percent of the time.

Fathers also want an accounting as to how the child support is spent. Although I do not agree that an accounting is warranted, a good idea is to allow the father to buy certain things for his child(ren) directly so that he feels that he is part of the child(ren)'s life.

The Senate Committee recently approved a bill that may help those trying to collecting child support arrears. The bill makes the proceeds from an inheritance, a judgment, a settlement, workers compensation, or arbitration award subject to review to determine if child support arrears exist. If so, any unsatisfied debt must be paid before the award or settlement is disbursed to the recipient.

Pamela Cerruti has a web site.

Come and visit at http://www.Cerruti-FamilyLaw.com

A financing alternative for seniors

In recent years, banks have begun to offer senior citizen homeowners a way to tap the equity accumulated over the years in their homes without selling them. It is called a Reverse Mortgage, and it is designed for the elderly who wish to remain in their homes but who may not have the income necessary to cover routine living expenses or to make special repairs. In essence, a reverse mortgage allows the homeowner to borrow against the equity in his or her home. The money borrowed is not paid until the homeowner dies or sells the house.

When the reverse mortgage is used as a supplement to an elderly person's income, it is structured so that each month the homeowner receives a payment from the mortgage company--hence the name, reverse mortgage. These monthly payments are, in fact, the new principal mortgage on the house. The mortgage (the amount of money borrowed) grows larger every month.

Reverse mortgages do not have to be monthly payments. A reverse mortgage can also be designed as a lump sum payment if the homeowner needs the money immediately.

If you know elderly homeowners who may be candidates for a reverse mortgage, please advise them to beware of mortgage companies that try to charge hidden fees or that require owners to give up future appreciation in their home. It is important that senior homeowners have an attorney review the documents of a reverse mortgage before they sign them. In the long run, the legal fees will be much less than the cost of straightening out a problem afterward.

Major ruling affects who is covered under ADA

The Americans with Disabilities Act prohibits an employer from discriminating against an individual employee on the basis of a disability. Under the law, a person is disabled if he or she has a physical or mental impairment that substantially limits one or more major life activities. The court has now ruled that if an employee uses medication or other means to correct a physical or mental impairment, the employee is no longer disabled. The rationale behind this ruling is that once the impairment is "fixed," the limitation on life activities disappears.

This ruling means that employees, who take medication that corrects a mental or physical impairment, are no longer covered by the ADA. It also applies to employees who use contact lenses or eyeglasses to correct their vision.

Child custody updates

Grandparent visits: The biological grandparents of a child who has been adopted do not have the right to visit that child if the adoptive parents do not wish it.

De facto parental visits: If a child is born to a couple in a gay or lesbian relationship and the non-biological parent acts as a de facto and a psychological parent with the consent of the biological parent, the de facto parent has the right to visitation if it is in the best interest of the child.

The Family Lawyer is published quarterly by Pamela M. Cerruti, Esq., for mental health and social service professionals. This publication is intended to provide information to its readers. It is not intended to offer legal or professional advice. For more information, please contact:

Pamela M. Cerruti, Esq.

45 Park St., Montclair, NJ 07042

Tel: 973-746-5590

Fax: 973-509-0308

Website: http://www.Cerruti-FamilyLaw.com