Divorce Attorney Lawyer New Jersey NJ, Pamela M. Cerruti, Esq.

A man married for more than 30 years, with two children by his wife, lived with a different woman for those 30 years and died without a will. The girlfriend sought palimony from the estate because he had promised to take care of her

This case has been winding it's way through the legal system for more than seven years, and it fianlly has been resolved. A judge found that although a common law marriage did not exist, the woman was entitled to her claim for equitable relief. She was awarded $133,000 for her share of the assets the parties acquired during their years together.

Most married couples file their tax returns under the classification, Married, filing jointly. What most taxpayers fail to understand is that according to the IRS code, each spouse is responsible for the full amount of tax, interest, and penalties, regardless of who earned the money.

However, there is relief for an "innocent spouse" as defined within the IRS code. To qualify as an innocent spouse, a person must show that:

Note that the status of innocent spouse is jeopardized if that spouse obtained financial benefit from an erroneous return or is not cooperative with the IRS in subsequent years.

Child Care Issues:

1. Determining Emancipation

A recent ruling by the court overturned an agreement by divorced parents about the automatic emancipation of their children upon reaching the age of 18.

In the case under review, the parent had agreed in their property settlement agreement at the time of their divorce that their children would be emancipated at age 18. When their eldest child turned 18, the father sued to terminate child support for that child. The court denied his request, and he appealed the decision.

The Cour of Appeals held that reaching the age of 18 is only prima facie evidence and not conclusive proof of emancipation. It stated that a parent's duty to support a child may not be terminated or waived simply because the other parent agrees to it. Rather, where children are dependent on their parents for support and for their basic needs, even while attending college full-time, they are entitled to support from both parents.

The public policy of the state of New Jersey prohibits parents from bargaining away the essential rights of their children. This includes the right to be supported.

2. Moving out of State

A parent with children who wishes to relocate to another state may face legal hurdles. New Jersey is a non-removal state. This means children cannot be moved to another state without permission from the biological parents or a court order.

The parent wishing to move must show a "good faith" reason for moving and also show that the move will not harm the child(ren). This can be done by:

Once the prima facie case has been made, the non-custodial parent then has the burden of proving it wrong.

Note that if the parents have a co-parenting or equal parenting arrangement this "good faith" test does not apply. In that case, the court views the request to remove the child(ren) as a request to change custody, and different criteria are used. In either case, parents who cannot reach an agreement themselves are entitled to a hearing by a judge.

Gay Marriage

Plaintiffs in New Jersey were denied marriage licenses by registrars of vital statistics. They were told that the NJ marriage statute, Title 37, does not permit same-sex marriage. The law refers to "man and woman" and "bride and groom". The NJ Attorney General argues that the state is not empowered to provide a remedy, rather the issue should be handled by the state legislature. When a decision is reached in this case, I will let you know.

Recently there has been a series of victories in New Jersey courts for same-sex families. Parties in same-sex relationships may now assume the surname of their partners. Domestic partners may seek to adopt the biological children of their partner, and domestic parners in same-sex relationships may make legally enforceable agreements, even concerning economic support.

The Domestic Violence Act applies to couples who are dating as well as to married or cohabiting couples. However, the court will analyze how long you dated, the length of time since the relationship ended, any intervening contact, and the event that caused one party to request a restraining order. The act is liberally construed.

A judge in New Jersey has ruled that the only way to get medical records is to send a patient authorization to the doctor. If that fails, a court order is required. Mental health professionals who get served with a subpoena should call their attorney. Although this ruling has not yet been codified in a court rule, another recent decision held that a subpoena must be accompanied by a paitent authorization.

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: