Articles
Governor Christie Vetoes Homebuyer Tax Credit
Citing “the unprecedented economic and fiscal difficulties” facing New Jersey, Governor Christie vetoed a state bill on July 23, 2010 designed to help jump-start New Jersey’s housing market by creating a tax credit for home purchases.
— with $75 million allocated for purchases of newly constructed homes not previously occupied and $25 million allocated for purchases of previously occupied homes.
Will New Jersey Realize the Homebuyer Tax Credit?
Do you remember the Carly Simon song “Anticipation.” That best describes the New Jersey homebuyer tax credit. For those of you who may have forgotten, the program would give homebuyers in the state a tax credit worth up to $15,000 spread over 3 years. The bill (A1678) passed the legislature with overwhelming bi-partisan support. It was on Governor Christie’s desk on June 10, 2010 where it now sits.
Alternatives to Palimony Claims
Palimony claims may no longer be available in New Jersey in the absence of a written agreement promising support. The law requiring a written agreement did not eliminate other legal and/or equitable theories such as partition; unjust enrichment; constructive trust; promissory estoppel; breach of the covenant of good faith and fair dealing; interference with contractual/prospective economic advantage; conversion; theft; fraud-deceit-misrepresentation; abuse of process/malicious prosecution; Tevis; RICO; Sheridan; federal/state wiretap/invasion of privacy. Lauredan v. Lorvanis, New Jersey App. Div., July 19, 2010
Eliminating 1 Year Residency Requirements to File for Divorce
In order to file for divorce in New Jersey using extreme cruelty as the cause of action, a litigant must reside in the state for at least 1 year prior to the filing. Legislation has been introduced that would eliminate the 1 year residency requirement for extreme cruelty divorce cases involving domestic violence. Click on the link for the bill. Assembly Bill A3089, July 13, 2010
Cost of Living Adjustment and Child Support
Under New Jersey law child support is subject to periodic modification. One kind is biannual (every 2 years) based on changes in the cost of living. Another kind is triannual (every 3 years) based on altered economic circumstances. Gallucci v. Gallucci, New Jersey App. Div., July 7, 2010
Use of Recording Leads to Entry of FRO
The husband testified the recordings captured several interactions between him and his former wife. He testified he made the recordings with a pocket tape recorder and then converted the tape to a compact disc. He testified he did not delete any space between recordings, and the recordings were completely unedited. The Appellate Division affirmed the trial court’s determination the recordings were relevant because they provided evidence of statements constituting harassment. M.L. v. N.W., New Jersey App. Div., July 1, 2010
Applying the Child Support Guidelines
The trial court may have erred calculating child support by using the federal income tax definition of adjusted gross income rather than adjusted gross taxable income as directed by the New Jersey Child Support Guidelines. Read the rest of this entry »
Emancipation
This case deals with the scenerio that once a child is emancipated and child support is terminated, when a substantial changed circumstance arises affecting the child, the child may became unemancipated thereby reviving the child support obligation.
Emancipation
The Appellate Division reversed the trial court’s denial of the father’s motion to emancipate his 20 year old daughter finding the ruling improperly dealt with the contested questions of fact as to whether the child had moved beyond the “sphere of influence” of her parents by foregoing schooling, working full-time, and choosing to start a family on her own while she was capable of financially supporting herself. The Appellate Division determined a plenary hearing was appropriate. Presper v. Presper, New Jersey App. Div., May 28, 2010
Limited Durational Alimony Converted to Permanent Alimony
This case represents a scenerio that there are circumstances where limited durational alimony (LDA) can be converted to permanent alimony. Before the LDA was scheduled to expire the former wife filed a post judgment motion seeking to convert it to permanent alimony to convert it to permanent alimony claiming disability and inability to support herself.
