Articles
Legislature Passes Bill to End 3 Day Wedding License Period
A bill that would end the state’s waiting period for couples looking to wed has cleared the legislature. Currently the state imposes a 72-hour waiting period for couples seeking a marriage license. But the Assembly and Senate passed a measure on January 9, 2012 to eliminate the waiting period and streamline residency requirements. The measure’s sponsors, Assemblyman Louis Greenwald and Sen. Nicholas Scutari, say the law was antiquated — it dates back to 1934 — and getting rid of it will give New Jersey a competitive edge in the wedding tourism market. Nearby states like New York and Delaware only have 24-hour waiting periods.
Legislature to Introduce Legalizing Gay Marriage
Democratic leaders announced at a news conference on January 9, 2012 a bill legalizing gay marriage will be the first measure introduced in the new session of the Senate and the Assembly. A unified Democratic leadership represents the best chance supporters will have to see a bill legalizing gay marriage move through the Assembly and Senate. State Sen. President Stephen Sweeney (D-Gloucester), who is now said to be a pivotal supporter of the legislation, abstained the last time a similar bill was voted down by the Legislature in 2010 — a decision he later said he regretted more than any other in his career.
But there’s a major obstacle, Governor Christie who has emphasized in the past that he opposes gay marriage and supports civil unions which New Jersey currently allows. New Jersey has historically been on the forefront of the national debate over gay marriage but has lagged behind Massachusetts, Connecticut, Iowa, New Hampshire, Vermont, Washington, D.C., and, most recently, New York.
Intrastate Relocation
The Appellate Division affirmed the trial court’s decision denying the motion of the former wife to relocate within the State of New Jersey with the parties’ three children (aged 7 to 12) from Monmouth County to Essex County. P.P. v. N.P., New Jersey App. Div., December 23, 2011
Good Faith Retirement Merits Review of Alimony Obligation
The Appellate Division determined it was reversible error for the trial court to summarily reject the 61 year-old ex-husband’s motion to terminate his alimony payments due to his retirement. McPhillips v. McPhillips, New Jersey App. Div., December 16, 2011
Alimony Downward Modification Due to Decrease Employment Income
Alimony payor demonstrated a substantial decrease in employment income giving rise to the trial court reducing his alimony obligation to the former wife payee. Persaud v. Persaud, New Jersey App. Div., December 16, 2011
Fannie and Freddie Detail New HARP Guidelines
Fannie Mae and Freddie Mac have released highly anticipated guidelines for the revised Home Affordable Refinance Program (HARP). Among the key program revisions, the GSEs have eliminated or raised the loan-to-value (LTV) cap, and relaxed representation and warranty stipulations – changes that officials expect to at least double the number of homeowners with a HARP-refinanced mortgage. Since the program was launched in 2009, just under 900,000 borrowers have participated.
Negative equity typically excludes a homeowner from refinancing through traditional channels. Removing previous LTV ceilings will allow homeowners who are severely underwater due to plummeting property values to take out new loans at today’s lower interest rates. There are, however, some LTV conditions depending on loan type. There are no LTV restrictions for fixed-rate mortgages with terms up to 30 years, including those with terms of 15 years. For fixed-rate loans with terms between 30 and 40 years, LTV is limited to 105 percent. Likewise, a 105 percent LTV cap has been placed on adjustable-rate mortgages (ARMs) with initial fixed periods of five years or more and terms up to 40 years. Any borrower with an LTV ratio below 80 percent is not eligible for a HARP refinance. However, both GSEs do offer assistance to these borrowers through their traditional refinance programs.
The GSEs provided specifics on which liabilities would be lifted and noted that the rep and warranty adjustment is one of the most important components of the new program. The lender will not be responsible for any of the representations and warranties associated with the original loan. The lender is also relieved of the standard underwriting representations and warranties with respect to the new mortgage loan as long as the data in the case file is complete and program instructions are followed for collecting information on income, employment, assets, and fieldwork. The lender is not required to make any representation or warranty as to value, marketability, or condition of the subject property unless they obtain a new appraisal. Lenders will, however, be held accountable for any fraudulent activities.
Regarding program eligibility as it relates to delinquencies, the borrower must not have been behind on their payments at all within the most recent six-month period, and had no more than one 30-day delinquency within the last year. The GSEs are also removing the requirement that the borrower (on the new loan) meet the standard waiting period following a bankruptcy or foreclosure. The requirement that the original loan must have met the bankruptcy and foreclosure policies in effect at the time the loan was originated is also being removed. The new HARP program has been extended through December 31, 2013.
Where is Mr. and Mrs. Right? Marriages on the Decline
A new report shows that the share of American adults who are married dropped to a record low in 2009-2010 — to just a smidgen over half of population 18 and older. And the age at which Americans first tie the knot has never been higher, according to analysis of U.S. Census data by Pew Research Center published on December 13, 2011.
The “market share” of marriage has been in decline for decades — from 72% in 1960 to 51% today, a trend that has been accompanied by a rising tolerance for single parents, cohabitation without marriage and other alternatives. At the current pace, the share of U.S. adults who are married will dip to less than half within a few years, the Pew study says.
Over the long haul, the marriage rate for the 18-29 age group has fallen from 59% in 1960 to 20 % today. Divorce rates soared in the 1960s and ’70s, becoming a major factor in the growing contingent of singles in the United States but then leveled off in the last two decades.
Bill Passes Assembly to End 72 Hour Marriage License Waiting Period
A bill that aims to have New Jersey compete with other states that have created a small industry around weddings has passed an Assembly committee. The bill, sponsored by Assemblyman Louis D. Greenwald, D-Camden, would eliminate the state’s 72-hour waiting period for a marriage license in order to give New Jersey a “competitive edge” over neighboring states when it comes to tourism dollars generated from weddings. The bill also raises the license fee for marriages from $28 to $60. In the Northeast only Connecticut and Rhode Island have no waiting period. New York and Delaware have 24-hour periods; Maryland’s waiting period is 48 hours. Pennsylvania has a 72-hour wait.
Contribution Toward Private School
In this post judgment proceeding the Appellate Division determined the trial court erred when it did not consider the factors contained in Hoefers v. Jones, 288 N.J. Super. 590, 611-12 (Ch. Div. 1994), aff’d o.b., 288 N.J. Super. 478 (App. Div. 1996) when it concluded that because the PSA obligated defendant to contribute only to college costs, not private school expenses, plaintiff’s request for defendant to contribute was denied. Livingstone v. Daniel, November 22, 2011
Grandparent Visitation Upheld Over Custodial Caregiver
Trial court’s order granting visitation rights to the child’s paternal grandparents is affirmed as in the child’s best interests over the objection of the maternal grandmother who has custody. Tortorice et al. v. Vanartsdalen, 422 N.J. Super. 242 (App. Div. 2011); New Jersey App. Div., September 30, 2011
