Law
Marla Marinucci AttorNey At LAW
609-390-9078
mmarinucci@aprillaw.net
Law
31 23
200 South Shore Rd • Marmora, NJ 08223 • www.AprilLaw.net
• About Marla . . . Marla Marinucci is a partner at the law firm of April & Marinucci, P.A. located in Marmora, New Jersey, and has been certified by the New Jersey Supreme Court as a Matrimonial Law Attorney. Her primary focus is Family law matters. She received a B.A. in French from Rutgers Camden, and received her law degree from Rutgers Camden School of Law. Marla serves on the Family Law Executive Committee of the New Jersey State Bar Association. Marla is a member of the Atlantic and Cape May County Bar Associations and volunteers her time as a Matrimonial Early Settlement Panelist in Cape May and Atlantic Counties and serves as a Panelist on the Fee Arbitration Committee.
Marla Marinucci, Esq. Certified by the Supreme Court of New Jersey as a Matrimonial Law Attorney
Photo By: Roger Mason
• April & Marinucci, P.A. . . . If you are looking for a team of experienced attorneys who will take the time to get to know you, and help you with effective, passionate representation in court or at the negotiating table, we can help. Contact the New Jersey offices of April & Marinucci, P.A., to schedule a consultation about your legal needs.
DevoteD to Helping You! • Divorce • Separation • Alimony • Custody • Child Support • Prenuptial Agreements • Civil Unions • Post Judgment Modifications • Father’s Rights • Domestic Violence
Putting The First UNDERSTANDING THEChildren NEW ALIMONY LAW
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ByByMarla MarlaMarinucci, Marinucci,Esq. Esq.
the court is still necessary, but one thing that’s really seek relief from the court. Fortunately, and especially important to know is that the new law permits you to in the circumstances in which we find ourselves these n September 10, 2014, Governor Chris matters involving are generally perfectly capable assisting their child withworkers homework s a family law attorney who only handles make that application ahead of time so that when you days of with the thousands of casino out oforjobs, as signed a bill (A845), etc. which prepare for a test. If the child has an activity, birthday party, or anything divorce,Christie custody, child support, day in and day out, I turn 67, it can end. Another major revision to the statwell as the unemployment rate in general these past of few made substantial changes to New the sort that is going to fall during the other party’s time, that parent will have found that parents who are arguing about custody/ ute is that a payor may also be permitted to retire prior years, the revised law provides much needed relief for law. Thethe resulting becertain responsible for taking the child they need tounfortunate go. It is further parenting timeJersey’s quite alimony often overlook fact that it’s what is to about attaining full retirement age in circumstances. those whowherever find themselves in the situation revisions to the statute were the culminot ok for the primary parent not to advise to other parent about special best for the children and not what is best for the parents. In other For example a police officer who is paying alimony may of losing their jobs. nation of overfocus two years of efforts from involving the child such as banquet dinners, back to school night, words, too often, parents on how many days the other parent be granted relief from the courtfunctions to modify/terminate various interest groups State: raised byand two involved parents and not have to has versus how many days theyacross have.this The standardhisthat governs all after 25 etc. Alimony Cohabitation. alimony obligation years Children of service, deserve and not to be lawyers, legislators, alimony payors, alimony recipients, goare through sadness their dad didn’t bother child custody issues in this State is what’s called “the interests” Under thewhy revised statute, alimony “may to be make sus- it havebest to wait until age 67. There several the factors for of wondering just to name a few. to the awards banquet. standard. Translated: What is in the best intereststhe of court the child? pended or terminated if the payee cohabits with another to consider in such circumstances which are The of the new law, N.J.S.A. 2A:34-23, person.” The court can still find cohabitation even if set forth the new statute. Previously, when a police Too highlights often, divorced or divorcing parents try and hurt one in another The statistics regarding children of broken in question doesfamilies, not resideespecially together on a fullofficer wanted to retire at age 50, or even younger, it was the couple andasuse the child to accomplish this task. are follows: those who grow up time withbasis, littleputting to no father involvement are to rest the all too common he-onlynearly impossible to receive a modification of alimony. staggering. You can run your own Internet search on this topic to read ThereBelow is No More “Permanentwhich Alimony.” stays-over-a-few-nights-per-week defense. Unlike before, Of the course, that person was allowed to retire, however is a dialogue, illustrates point I am further. For example, girls who grow up without fathers often suffer from This phrase “permanent alimony” which was in the there are now specific factors the court can consider the court would not grant any reduction in the alimony low self-esteem, feelings of unworthiness and displays of anger. Daddy-less toprobably make:the biggest issue in the formertrying statute, was before suspending or terminating alimony: for example, obligation. Finally, such relief is possible. daughters also may display certain deviant behaviors including drug abuse battle to reform the law. Proponents of alimony reform the duration of the relationship, sharing of household sexual deviance resulting in teen pregnancies. Additionally, most of the Dad: to“Hello ex-wife of mine. Justcompletewanted to tell you that I will wanted removelovely this phrase from the statute Modification of Alimonyand Based chores, the frequency of contact, and the recognition of be The picking up Johnny school today.Durational According to the court order, I research suggests that girls are more affected by not having a father figure ly. compromise wasfrom terming it “Open the relationship in the couple’s social and family circle. Upon Loss oftwo Employment. am supposed to have him two overnights per week and it’s been over in their lives than boys. This is just the tip of the iceberg. The list goes Alimony.” Additionally, under the revised law, alimony This is a much lower burden than previously, and a Under the prior law, lostoftheir weeks since I’ve seen him because you always seem to have ‘something’ to when anonobligor and on the job, possible detrimental effects of children who grow up in a cannot exceed the length of the marriage for marriages much needed revision to the statute. In the past, alimoany applications to do. Today is my day and my son needs me in his life.” the court often would not grantsingle parent household with little to no involvement with the other parent. lasting under twenty years, unless the court finds there ny payors found themselves in the situation of essentially reduce that individual’s alimonyNow obligation there until are ofthe course certain justifiable reasons for such a situation such are “exceptional circumstances” to warrant a longer term. their ex and their ex’s paramour who (more passage of at least one year’s time. This was not an exact or supporting Mom: “Well hello there, my darling cheating, married-a-girl-half-youras death; incarceration; the absent parent suffers from serious issues and is often than not) resided together in the payor’s former age ex-husband. Gee, I wish you could see my son today butand it’s was justlargely not a up to thenot science discretion of the permitted to judge. be around the child. However, in situations similar to the Retirement is Finally Possible. home. A bitter pill to swallow as the payor was often left good day for us. You see, Johnny has to study for a testMore today and there is often than not, an obligorhypothetical would not bedialogue granted above, there simply is no excuse. Another major issue in the revisions to the alimony without relief because the burden was too great to carry, just no way there will be any spare time to see you after anythat. How reprieve at about all, until at least six months post job statute involves retirement. Under theduring prior law, it and watch you swing by his school tomorrow recess him play on thelaw in effect now, while there are not to mention expensive. loss. With the revised Children need and deserve two parents to nurture and raise them. was extremelyfrom difficult for away an alimony payor to retire. playground a mile for five minutes?” The revisions to the alimony statute are plentiful a myriad of factors that must be considered in order Parents who to engage in alienating or hurtful behavior are not Even worse is that you had to actually retire first before and complex. Additionally, it’s quite possible that receive a reduction of an alimony obligation uponfirst andfairly putting the based children are setting them up for potential mental requesting reliefdialogue from the court and there was no of guarThe above is a prime example parentsloss using a child the new law may not benefit everyone, especially if you of employment, an obligor and can file the appropriate emotional issues in the years to come. antee your would be terminated or actually even to getthat back atalimony the other parent, instead of realizing that, no request for modification after 90 days of unemployment already have a divorce judgment in place, which provides reduced once the court ruled on your matter how much you detest yourapplication. former spouse, your both for a defined term of alimony. The above are just a few and,child basedneeds upon the circumstances, may be granted a parents their is aa prefect example of a parent not putting the Under theinnew law,life. thereThis is now rebuttable presumpIf you or someone know isinbeing parenting ofyou the highlights the newdenied alimony law. Call me for a reduction instead of having to wait for more time to childthat first“alimony and only focusing onupon how the to hurt their former spouse. I have tion shall terminate obligor to seereason, if and howIthis newyou legislation time withwould theirgenchildconsultation for no valid urge to may pass. In the past, matrimonial practitioners seen the “has-too-much-homework” over and over and spouse or child partner attaining full retirement age.”excuse For used erally affect you. advise a potential client who had justme lost at their job contact 609-390-9078. it is not valid reason to deny the other parent time with as theya reduction in alimony, to wait at most, thisameans at 67 years old, your alimony obligaCall my office to schedule a consultation, andthe whochild was seeking tion will end. It’s not automatic and an application to least six months to a year before it was even worthy to 609-390-9078.
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November/December 2014 March/April 2015