New Jersey Lawyer Blog

Law Day 2017 and The Fourteenth Amendment : Transforming American Democracy

April 25, 2017 | by Aretsky Law Group

Law Day 2017 & The Fourteenth Amendment : Transforming American Democracy

May 1 has been proclaimed Law Day by every President of the United States since Dwight D. Eisenhower. It is observed throughout the nation as a day to celebrate the freedoms we enjoy, to reflect upon the ideals of liberty and justice that we hold dear, and to instill—especially in young people—an abiding respect for the law.

Every year the American Bar Association chooses a different theme for the observation. This year’s choice is “The Fourteenth Amendment: Transforming Democracy.”

Automatic Child Support Termination in Effect in New Jersey

April 17, 2017 | by Aretsky Law Group

The New Jersey Child Support Bill signed into law on January 19, 2016, by Governor Christie went into effect on February 1, 2017. The main effect of this new law is that it changes the age at which a child is assumed by the court to be emancipated from 18 years of age to 19.

As a result of this new law, in New Jersey child support will automatically cease when the child turns 19 with these exceptions:

the child dies, marries, or joins the military; or

Your Child’s Special Abilities Might Lead to Higher Child Support Payments

March 21, 2017 | by Aretsky Law Group

Is your child gifted or talented? If so, you are likely very proud! What you might not know, however, is that your child’s special abilities might lead to higher child support payments.

In a recent ruling Judge Jones of the Ocean County Superior Court affirmed that under certain circumstances the Court can deviate from New Jersey’s Child Support Guidelines when calculating child support. Among the reasons for deviation allowed by the Guidelines is a child’s giftedness in a particular area.

The case in question was P.S. v. J.S., with P.S. being the father-plaintiff and J.S. being the mother-defendant. They had joint legal custody of their 13-year-old daughter, to whom the judge gave the pseudonym Julie. The mother had primary physical custody, but the father enjoyed liberal parenting time.

New Jersey Divorce and Taxes: Frequently Asked Questions

March 14, 2017 | by Aretsky Law Group

How will divorce affect your income taxes? That is a question many recently divorced or soon-to-be divorced couples have on their minds with the approach of Tax Day! A knowledgeable New Jersey divorce lawyer who works with tax specialists can help you understand how recent tax laws will impact your particular situation. Call the New Jersey divorce attorneys at Aretsky Law Group, P. C., to better understand how your new status will impact your tax obligations.

The following questions are similar to those often posed by our clients.

Divorce and Income Tax: Frequently Asked Questions

Equitable Distribution of Retirement Assets in NJ Divorce Cases

March 7, 2017 | by Aretsky Law Group

For many couples, retirement accounts represent a major portion of their marital assets. Most depend upon the availability of these funds in order to meet their needs in their later years. When a New Jersey couple divorces, the laws governing how retirement assets are treated can be complicated. A New Jersey divorce attorney with experience in high-asset issues can help you understand which part of your or your spouse’s retirement assets are subject to equitable distribution and what is necessary in order to protect your share of those assets.

Retirement Assets

New Jersey is an equitable distribution state. That means that when a couple divorces, marital property is divided equitably, or fairly, but not necessarily equally. In general, retirement assets are subject to equitable distribution. However, contributions made before the marriage took place or after a divorce complaint is filed may be excluded. This also applies to any interest earned on these contributions.

Intentional Economic Abuse Is Domestic Violence

February 22, 2017 | by Aretsky Law Group

On June 15, 2016, Ocean County Superior Court Judge Laurence Jones addressed intentional economic abuse as a form of domestic violence in an unpublished decision.

C.G. v. E.G.

C.G., the plaintiff, petitioned the court to serve her estranged husband, E.G., with a final restraining order.

Your Child Refuses to Spend Time with You. Is Parental Alienation the Cause?

February 6, 2017 | by Aretsky Law Group

After months of bickering, you and your ex-spouse finally reached a divorce agreement. You agreed on property division, child support, spousal support, parenting time, and all the other issues that plagued you for so long. Sadly, now that you are ready to go on with your life, your child refuses to spend time with you. You wonder if parental alienation might be the problem.

If your child is showing unwarranted fear, disrespect, or hostility, you might suspect that your ex is turning him or her against you. However, that might not be the cause.

Divorce—especially when there is a lot of conflict—causes a lot of stress. It can be especially difficult for children. They know their lives will change, but they are not sure how. Children react to that uncertainty in different ways.

New Jersey Restraining Orders

January 25, 2017 | by Aretsky Law Group

People from all walks of life—both men and women—can be victims of domestic violence. New Jersey protective orders, commonly known as restraining orders, are court orders designed to protect those victims. The skilled New Jersey lawyers at Aretsky Law Group, P.C., can help victims of domestic violence obtain the protection they need.

NJ Temporary Restraining Orders

The first step one should take if he or she feels like a victim of domestic violence is to file for a temporary restraining order.

Temporary Medical Custody for Divorced Parents

January 18, 2017 | by Aretsky Law Group

When Divorced Parents Cannot Agree on Their Child’s Medical Care: The Importance of Cooperation in Co-Parenting

A recent case brought before the Ocean County Superior Court demonstrates the importance of communication and cooperation in co-parenting. The case involved the divorced parents of a 16-year-old boy who injured his arm and elbow in a sports accident. The father allegedly scheduled the child’s surgery without obtaining his ex-wife’s prior consent. She wanted and was granted the right to consult another surgeon and get a second opinion. Both parents believed their chosen surgeon was best, and neither would give in. The father filed an emergency application for sole legal custody, maintaining that the boy’s mother was holding up the child’s treatment.

Because the couple was unable to reach an amicable agreement, the boy’s injuries were not being addressed.

N.J. Divorce & Family Law Attorney, Christen Kohut Gross, Esq., Joins Aretsky Law Group, P.C.

January 16, 2017 | by Aretsky Law Group

Aretsky Law Group, P.C., is proud to announce the addition of Christen Kohut Gross, Esq., to our staff.

Christen Kohut Gross, Esq., who recently joined the staff at Aretsky Law Group, P.C., earned a B.A. from Fairfield University in Fairfield, CT, and a Juris Doctorate from Seton Hall University School of Law in Newark, NJ. She served as a judicial law clerk to the Honorable Harry G. Carroll, P.J.S.C., Superior Court of New Jersey, Criminal Division, Bergen Vicinage for the 2005/2006 term.

In 2016, Ms. Gross was selected as a “Rising Star” by Super Lawyers. No more than 2.5 percent of the lawyers in New Jersey are named to the Rising Stars list. Their selection process can be viewed at http://www.superlawyers.com. In addition, in 2016, the American Institute of Family Law Attorneys selected her to their exclusive list of the 10 Best Under 40 Family Law attorneys in NJ. Their selection process can be viewed at http://www.aiofla.org.