Gebhardt & Kiefer Family Blog http://www.gklegal.com/blog/ recent posts en-us Fri, 24 Feb 2017 17:57:17 -0600 Divorce, Tax Liability, and Innocent Spouse Relief http://www.gklegal.com/blog/divorce-tax-liability-and-innocent-spouse-relief/ 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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2017-02-23 00:00:00 http://www.gklegal.com/blog/divorce-tax-liability-and-innocent-spouse-relief/
Appellate Division Broadens Rice Notice Requirements http://www.gklegal.com/blog/appellate-division-broadens-rice-notice-requirements/ 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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2017-02-22 00:00:00 http://www.gklegal.com/blog/appellate-division-broadens-rice-notice-requirements/
Domestic Violence as Portrayed in Popular Music http://www.gklegal.com/blog/domestic-violence-as-portrayed-in-popular-music/ 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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2017-01-31 00:00:00 http://www.gklegal.com/blog/domestic-violence-as-portrayed-in-popular-music/
NJ Legislature Re-Considers Requirement for Municipalities to Publish Legal Notices in Newspapers http://www.gklegal.com/blog/nj-legislature-re-considers-requirement-for-municipalities-to-publish-legal-notices-in-newspapers/ 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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2016-12-20 00:00:00 http://www.gklegal.com/blog/nj-legislature-re-considers-requirement-for-municipalities-to-publish-legal-notices-in-newspapers/
Supreme Court to Alleviate Confusion Over Whether Police Dash Cam Recordings are Subject to OPRA http://www.gklegal.com/blog/supreme-court-to-alleviate-confusion-over-whether-police-dashcam-recordings-are-subject-to-opra/ 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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2016-12-19 00:00:00 http://www.gklegal.com/blog/supreme-court-to-alleviate-confusion-over-whether-police-dashcam-recordings-are-subject-to-opra/
What Should I Expect from Family Law Mediation? http://www.gklegal.com/blog/what-should-i-expect-from-family-law-mediation/ 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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2016-12-02 00:00:00 http://www.gklegal.com/blog/what-should-i-expect-from-family-law-mediation/
NJ Supreme Court Clarifies “Plain View” Warrant Exception http://www.gklegal.com/blog/nj-supreme-court-clarifies-plain-view-warrant-exception/ 2016-11-21 00:00:00 http://www.gklegal.com/blog/nj-supreme-court-clarifies-plain-view-warrant-exception/ Recent Decision Provides Guidance on Final Restraining Orders in Domestic Violence Cases http://www.gklegal.com/blog/recent-decision-provides-guidance-on-final-restraining-orders-in-domestic-violence-cases/ 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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2016-10-27 13:09:42 http://www.gklegal.com/blog/recent-decision-provides-guidance-on-final-restraining-orders-in-domestic-violence-cases/
Dividing Retirement Accounts After a Divorce http://www.gklegal.com/blog/dividing-retirements-accounts-after-a-divorce/ 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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2016-10-11 00:00:00 http://www.gklegal.com/blog/dividing-retirements-accounts-after-a-divorce/
How is Job Loss Treated Under the Alimony Statute? http://www.gklegal.com/blog/how-is-job-loss-treated-under-the-alimony-statute/ 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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2016-09-15 00:00:00 http://www.gklegal.com/blog/how-is-job-loss-treated-under-the-alimony-statute/
Lyme Disease Is a Disability Entitled to Protection in the Workplace http://www.gklegal.com/blog/lyme-disease-is-a-disability-entitled-to-protection-in-the-workplace/ A recent Appellate Division case, Cook v. Gregory Press, Inc., determined that Lyme disease qualifies as a disability under the Law Against Discrimination (LAD). 

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2016-09-07 00:00:00 http://www.gklegal.com/blog/lyme-disease-is-a-disability-entitled-to-protection-in-the-workplace/
What Happens to Alimony When the Paying Spouse Retires? http://www.gklegal.com/blog/what-happens-to-alimony-when-the-paying-spouse-retires/ One of the fundamental tenets of New Jersey Family Law is that alimony payments are subject to modification based upon "changed circumstances." That alimony may change from time to time is provided for in our statute. The "changed circumstances" standard first arose and has since evolved over many years through our case law. Generally speaking, to be impactful, such changes are expected to be permanent, or at least long-term, and not within the direct control of the paying spouse. For example, a paying spouse who quits his job is highly unlikely to obtain any relief, while one who becomes disabled from working is almost certainly entitled to a modification of his obligation.

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2016-08-30 00:00:00 http://www.gklegal.com/blog/what-happens-to-alimony-when-the-paying-spouse-retires/
Child Support Arrears & Taxes May Impact Your Passport http://www.gklegal.com/blog/child-support-arrears-taxes-may-impact-your-passport/ If you are a U.S. citizen, do you think that your right to travel abroad is a given?  Many parents or former spouses who are obligated to pay child support are often surprised to learn that child support arrears may affect their ability to obtain a passport or travel.  And many people with a tax delinquency are also surprised to learn of possible travel restrictions.

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2016-08-29 00:00:00 http://www.gklegal.com/blog/child-support-arrears-taxes-may-impact-your-passport/
Seven Things You Should Know About Prenuptial Agreements http://www.gklegal.com/blog/seven-things-you-should-know-about-prenuptial-agreements/ If you are engaged and considering a prenuptial agreement, here are seven things you should keep in mind:

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2016-08-01 00:00:00 http://www.gklegal.com/blog/seven-things-you-should-know-about-prenuptial-agreements/
Appellate Division Says COAH Rules and Regulations Do Not Support a “Gap” Period Affordable Housing Obligation http://www.gklegal.com/blog/appellate-division-says-coah-rules-and-regulations-do-not-support-a-gap-period-affordable-housing-obligation/ The battle over New Jersey municipal affordable housing obligations continues, with municipalities on one side and Fair Share Housing Center (“FSHC”), the New Jersey Builder’s Association (“NJBA”) and a plethora of developers on the other.

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2016-07-19 12:04:37 http://www.gklegal.com/blog/appellate-division-says-coah-rules-and-regulations-do-not-support-a-gap-period-affordable-housing-obligation/
Common Myths Regarding Divorce Cases http://www.gklegal.com/blog/common-myths-regarding-divorce-cases/ Myth #1:  My Lawyer Cannot Properly Represent Me If He/She is Friendly with the Other Lawyer

Many of the attorneys who focus their practice on family law in New Jersey are likely to know each other.  Especially when attorneys practice primarily in counties close to their own offices, they get to know many of the other local attorneys by having cases with them, seeing them in court, and seeing them at Bar Association events and seminars. 

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2016-07-13 13:15:04 http://www.gklegal.com/blog/common-myths-regarding-divorce-cases/
Avoiding Common Mistakes in Your Employee Handbook http://www.gklegal.com/blog/avoiding-common-mistakes-in-your-employee-handbook/ A poorly written, outdated, or inconsistent employee manual can hurt your company and lead to potential litigation down the line.  The most common mistakes to avoid are the following:

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2016-07-07 00:00:00 http://www.gklegal.com/blog/avoiding-common-mistakes-in-your-employee-handbook/
NJ Supreme Court Expands Definition of Marital Status Under the LAD http://www.gklegal.com/blog/nj-supreme-court-expands-definition-of-marital-status-under-the-lad/ The New Jersey Supreme Court recently issued an important interpretation of New Jersey’s “Law Against Discrimination” (LAD), of which all New Jersey employers should be aware. 

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2016-06-29 00:00:00 http://www.gklegal.com/blog/nj-supreme-court-expands-definition-of-marital-status-under-the-lad/
“What I Wish I Knew Before I Began the Divorce Process …” http://www.gklegal.com/blog/what-i-wish-i-knew-before-i-began-the-divorce-process/ Throughout life, we often reflect on past events with much greater clarity than when we are “in the moment.”  Divorce is no exception.  People who have been through a divorce will often say “I wish I would have known…”

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2016-06-20 00:00:00 http://www.gklegal.com/blog/what-i-wish-i-knew-before-i-began-the-divorce-process/
How Do the New DOL Overtime Rules Affect My Business? http://www.gklegal.com/blog/how-do-the-new-dol-overtime-rules-affect-my-business/ On May 18, 2016, the U.S. Department of Labor (DOL) announced a final rule regarding overtime wage payment qualifications for the “white collar exemptions” under the Fair Labor Standards Act (FLSA). Covered employers must comply with this rule by December 1, 2016.

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2016-06-01 00:00:00 http://www.gklegal.com/blog/how-do-the-new-dol-overtime-rules-affect-my-business/
Appellate Division Addresses Township Liability for Falling Tree Limbs http://www.gklegal.com/blog/appellate-division-addresses-township-liability-for-falling-tree-limbs/ A recent Appellate Division case, Connor vs. Township of East Brunswick, determined two interesting issues pertaining to the dangers presented by publicly owned Bradford Pear and other ornamental and non-ornamental trees.  

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2016-05-23 00:00:00 http://www.gklegal.com/blog/appellate-division-addresses-township-liability-for-falling-tree-limbs/
Alimony and Cohabitation: The Evolutionary Process Continues http://www.gklegal.com/blog/alimony-and-cohabitation-the-evolutionary-process-continues/ Several years ago, my partner, Diana Fredericks, Esq., and I co-authored an article for the New Jersey Family Lawyer in which we discussed the impact on an alimony obligation when the recipient former spouse cohabits with a third party romantic partner. That effort was triggered by a then-recent Appellate Division reported opinion in which the Court upheld a trial court decision to terminate a former wife's alimony rights based on her long-term cohabiting relationship, despite the fact that the underlying settlement agreement did not call for a termination of alimony upon cohabitation. Since that time, this legal issue has continued to evolve at both the legislative and judicial levels.

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2016-05-23 00:00:00 http://www.gklegal.com/blog/alimony-and-cohabitation-the-evolutionary-process-continues/
The Future of Child Support in New Jersey http://www.gklegal.com/blog/the-future-of-child-support-in-new-jersey/ Effective February 1, 2017, the child support laws in New Jersey will change. The current law establishes 19 as the age when a child support and/or medical support obligation will end.  However, the new law allows for child and/or medical support to continue up to age 23 for cases in which:

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2016-05-19 00:00:00 http://www.gklegal.com/blog/the-future-of-child-support-in-new-jersey/
Legislative Summary: Selected Bills Recently Enacted as Public Laws That Relate to Local Units of Government http://www.gklegal.com/blog/legislative-summary-selected-bills-recently-enacted-as-public-laws-that-relate-to-local-units-of-government/ Following is a brief summary of bills that were enacted as public laws by the New Jersey Legislature in late 2015/early 2016 and may be of interest to our municipal and public entity clients:

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2016-05-18 00:00:00 http://www.gklegal.com/blog/legislative-summary-selected-bills-recently-enacted-as-public-laws-that-relate-to-local-units-of-government/
Supreme Court Rules on First Amendment Protection for Demoted Paterson Police Officer http://www.gklegal.com/blog/supreme-court-rules-on-first-amendment-protection-for-demoted-paterson-police-officer/ In Heffernan v. City of Paterson, a recently decided U.S. Supreme Court case, a government official demoted an employee because he believed that the employee supported a particular non-incumbent candidate for mayor. The Court had to decide if the First Amendment prohibited the government from demoting the employee based on the government’s perception that the employee supported the non-incumbent politician. The Supreme Court held that yes, it did.

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2016-05-11 00:00:00 http://www.gklegal.com/blog/supreme-court-rules-on-first-amendment-protection-for-demoted-paterson-police-officer/