Monday, February 23, 2015
TELMA MORAES VS. DIDI WESLER & SIMONY WESLER TELMA MORAES VS. WILLIAM TAYLOR AND STATE FARM INSURANCE COMPANY A-5786-13T4
TELMA MORAES VS. DIDI WESLER & SIMONY WESLER
TELMA MORAES VS. WILLIAM TAYLOR AND STATE FARM INSURANCE COMPANY
We granted plaintiff Telma Moraes' motion for leave to file
an interlocutory appeal from the Law Division orders that denied her motion to consolidate her two personal injury actions and her motion for reconsideration, both unopposed. The trial court denied plaintiff's consolidation motion on a record that disclosed no significant or complex liability issue in either action, overlooked that trying the actions separately could result in inconsistent verdicts, and provided no appropriate explanation for the decision. Explaining and applying the abuse of discretion standard, we concluded that the trial court misapplied its discretion, and we reversed and remanded to the trial court to consolidate the cases for discovery and trial.
JORDANA ELROM VS. ELAD ELROM
In this appeal of alimony and child support provisions contained in a final judgment of divorce, we review the methods and basis for imputing income to parties, who recently or currently hold full-time employment. We find no error in the trial judge's application and use of different methods to input income to each party.
However, we reject as unsupported the addition of child-care expenses when the residential parent was unemployed. The Child Support Guidelines recognize the need for child care when imputing income to the residential parent by equitably adjusting that parent's imputed income by his or her share of necessary child-care costs. Child Support Guidelines, Pressler & Verniero, Current N.J. Court Rules, comment 12 on Appendix IX-A to R. 5:6A at 2635. Further, such costs may be added when an unemployed parent obtains full-time employment.
Finally, we vacate the addition of the cost of the children's extracurricular activities, as no support was provided for separate treatment of these expenses, which generally are included in the Guidelines support award.
NEW JERSEY DIVISON OF CHILD PROTECTION AND PERMANENCY VS. K.T.D. I/M/O THE GUARDIANSHIP OF A.K.S. A-2646-13T1
NEW JERSEY DIVISON OF CHILD PROTECTION AND PERMANENCY VS. K.T.D. I/M/O THE GUARDIANSHIP OF A.K.S.
Before the trial to terminate defendant's parental rights, defendant informed the court that a maternal ancestor was part Cherokee and a paternal one was "half Indian." Despite this knowledge, the DCPP failed to notify any of the three recognized Cherokee tribes or the Bureau of Indian Affairs of the pending guardianship proceeding, as required under the Indian Child Welfare Act, 25 U.S.C.A. §§ 1901-1963. Under the Act, a tribe has the right to intervene in a parental rights termination proceeding if any child involved is a member of its tribe, as tribes have an interest in its minor members that is deemed to be on parity with that of their parents. Tribes have exclusive authority to determine who its members are. A judgment terminating parental rights is vulnerable to being set aside if a tribe was not given notice and one of its minor members was involved.
The court proceeded with the guardianship trial and terminated defendant's parental rights. While we agreed with the trial court that termination of the mother's parental rights was warranted, nevertheless we were compelled to remand the matter so that notice could be issued to the Cherokee tribes and the Bureau of Indian Affairs. If no tribe responds to the notice or if the pertinent tribes determine the child is not one of its members, the judgment terminating parental rights shall be deemed affirmed. Otherwise, the judgment has to be vacated.
Augustine W. Badiali v. New Jersey Manufacturer’s Insurance Group (A-48-12; 071931)
NJM’s rejection of the arbitration award in plaintiff’s UM action was “fairly debatable,” thereby barring plaintiff from recovering counsel fees and other consequential damages under a theory of bad faith.
Kwabena Wadeer v. New Jersey Manufacturers Insurance Company (A-54-12; 072010)
Plaintiff’s bad faith claim is barred in this action under the principle of res judicata because it was raised, fairly litigated, and determined by the trial court in the first instance.
Ilda Aguas v. State of New Jersey (A-35-13; 072467)
For claims alleging vicarious liability for supervisory sexual harassment under Restatement § 219(2)(d), the Court adopts as the governing standard the test set forth by the United States Supreme Court in Burlington Industries v. Ellerth, 524 U.S. 742, 765 (1998) and Faragher v. City of Boca Raton, 524 U.S. 775, 807-08 (1998). The employer in a hostile work environment sexual harassment case may assert as an affirmative defense that it “exercised reasonable care to prevent and correct promptly any sexually harassing behavior,” and “the plaintiff employee unreasonably failed to take advantage of any preventive or corrective opportunities provided by the employer or to avoid harm otherwise,” provided that the employer has not taken an adverse tangible employment action against the plaintiff employee.
Friday, February 20, 2015
By Kenneth Vercammen, Esq.
Child support is usually paid through a wage withholding garnishment at the parents job. Child support orders and wage withholding continue forever against you until a Superior Court Judge signs a Formal Court Order terminating or modifying support. It is not sufficient for you to simply wait for a child to finish school. Many Divorce decrees and Property Settlement Agreements state that child support will end upon emancipation. For example, the term "emancipation" is sometimes defined as follows: (i) The completion of the childs formal education on a matriculated basis, whether it be graduation from a four year undergraduate school or high school, it being understood that so long as the child is diligently pursuing his formal education through a four year undergraduate college education and obtaining passing grades the child shall not be considered emancipated. (ii) Upon the completion of any of the aforesaid segments of the childs education, and upon the failure to commence the next segment of his education, or upon leaving school, the child shall be deemed emancipated unless failure to continue on with his education has resulted from injury or illness or some other cause beyond the childs control. (iii) The marriage of the child. (iv) Entry into the military or armed forces by the child.
Your attorney can draft the appropriate Motion to terminate child support if the child is emancipated. You will need to provide your attorney with relevant papers including a copy of the Final Judgment for Divorce, any other Child Support Orders, copy of birth certificate if available, proof of graduation from school or working full time, etc. Sometimes the child support recipient, usually the mother, will sign a Consent Order which your attorney can file without the need for a formal Motion. However, generally a Formal written Notice of Motion must be filed in the County Superior Court where the child support Order was entered. The requirements of the Motion are detailed and must include the correct filing fees. Child support does not end merely if the child reaches 18 and graduates high school. Most child support Order continue child support if the child is in college full time. However, dont give up. In the unreported Appellate Division decision of Kozak v Kozak __ NJ Super. __ (App. Div. decided January 9, 2003) the court reduced child support during the period of time the child resided at the college campus. The judge properly determined it was appropriate to calculate child support only for the period of time the child was not residing at college. http://www.njlaws.com/term_of_child_s...
KENNETH VERCAMMEN & ASSOCIATES, PC
ATTORNEY AT LAW
2053 Woodbridge Ave.
Edison, NJ 08817