Majors Law Firm P.C.

Providing Skilled Legal Expertise
for 133 Years

Divorce, Tax Liability, and Innocent Spouse Relief

February 23rd, 2017 | Written by Diana N. Fredericks, Esq. and Daniel S. Makoski, Esq.

Innocent Spouse Relief can be a strong defense for a spouse who discovers a tax liability during a divorce.  That is assuming the spouse qualifies as an “innocent spouse,” according to IRS guidelines.

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Appellate Division Broadens Rice Notice Requirements

February 22nd, 2017 | Written by Tara St. Angelo, Esq.

The Appellate Division recently broadened the circumstances under which a Rice Notice is required to be given to an employee. New Jersey requires public entities to provide employees with notice of a meeting at which their employment status may be discussed and adversely affected.  N.J.S.A. 10:4-12b(8); Rice v. Union Cty. Reg'l High Sch. Bd. of Educ., 155 N.J. Super. 64, 73 (App. Div. 1977).  Pursuant to N.J.S.A. 10:4-12b(8), an employee is given the opportunity to request that such discussion occur in public session.   The Appellate Division broadened this category of notice in the decision Kean Federation of Teachers v. Kean University, Docket No. A-5481-14T3 (Feb. 8, 2017).

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Domestic Violence as Portrayed in Popular Music

January 31st, 2017 | Written by William J. Rudnik, Esq.

As we approach Super Bowl Sunday, I am reminded of the claims that Super Bowl Sunday has the highest domestic violence incident rate of any day each year.[i]  Domestic violence has been a societal problem for many, many years, long before the Super Bowl was an event, and most likely since men and women began having relationships.  For many years, domestic violence was often hidden and it was rarely discussed.  Unfortunately, domestic violence continues to be present in many relationships.  However, it is now coming out of the shadows and is discussed openly as we try to eliminate it from our society.  One medium in which domestic violence is sometimes addressed is music.

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NJ Legislature Re-Considers Requirement for Municipalities to Publish Legal Notices in Newspapers

December 20th, 2016 | Written by Tara St. Angelo, Esq.

On December 12, 2016, the New Jersey Legislature revived a six-year-old proposal to allow municipalities and other government agencies to forgo advertising legal notices in newspapers and, instead, post such notices on websites. 

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Supreme Court to Alleviate Confusion Over Whether Police Dash Cam Recordings are Subject to OPRA

December 19th, 2016 | Written by Tara St. Angelo, Esq.

The Appellate Division currently has conflicting decisions on whether police dash cam videos are subject to OPRA (Open Public Records Act).  However, it is anticipated that this conflict will be resolved soon via a decision in the case of North Jersey Media Group v. Lundhurst.  

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What Should I Expect from Family Law Mediation?

December 2nd, 2016 | Written by Diana N. Fredericks, Esq.

Whether or not your family law case is involved in formal litigation, it is very likely that you will participate in some type of alternate dispute resolution, usually mediation.  Even the most acrimonious cases are required to participate in mediation through the Court’s programs relating to custody and financial issues[1].   As such, it is not uncommon to attempt mediation before filing a formal complaint for divorce and, in fact, it is sometimes preferable, as it allows the clients to maintain some control over their lives while not subject to the Court’s calendar and costly, unproductive appearances[2].   

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NJ Supreme Court Clarifies “Plain View” Warrant Exception

November 21st, 2016 | Written by William H. Pandos, Esq.

Historically, New Jersey has provided more protections against “unreasonable” governmental searches and seizures than are required by the Federal Constitution.  However, the New Jersey Supreme Court has signaled a move toward adopting more permissive federal standards.  

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Recent Decision Provides Guidance on Final Restraining Orders in Domestic Violence Cases

October 27th, 2016 | Written by William W. Goodwin, Jr., Esq.

In A.M.C. v. P.B., an appeals court considered an appeal by an estranged wife of a denial of her request for the issuance of a Final Restraining Order (FRO) and the dismissal of her Complaint under the New Jersey Prevention of Domestic Violence Act (PDVA).

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Dividing Retirement Accounts After a Divorce

October 11th, 2016 | Written by Diana N. Fredericks, Esq.

Recently, I met several new clients who were each divorced more than twenty-five years, and whose divorce agreements called for the division of retirement accounts…divisions that never occurred.  No one followed up until they reached retirement age and realized their accounts had yet to be divided.  

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How is Job Loss Treated Under the Alimony Statute?

September 15th, 2016 | Written by William J. Rudnik, Esq.

Judge Jones of Ocean County recently interpreted amendments to the New Jersey alimony statute that were issued in 2014 regarding loss of employment/reduction to income.  This gives us new insight into how other courts may treat similar circumstances. 

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