Gebhardt & Kiefer Family Blog http://www.gklegal.com/blog/ recent posts en-us Wed, 15 Jul 2020 04:20:37 -0500 How a Disability Determination May Affect Alimony or Child Support http://www.gklegal.com/blog/how-a-disability-determination-may-affect-alimony-or-child-support/ In the recent case of Gormley[1], the NJ Superior Court Appellate Division clarified the case of Gilligan2, which was being misinterpreted to state that a party who receives social security disability during a marriage cannot rely on the Social Security Administration's (SSA) determination as prima facie evidence of the party's inability to work for purposes of income imputation in the calculation of spousal and child support.

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2020-06-22 00:00:00 http://www.gklegal.com/blog/how-a-disability-determination-may-affect-alimony-or-child-support/
Lessons Learned from the Pandemic http://www.gklegal.com/blog/lessons-learned-from-the-pandemic/ 2020-05-28 00:00:00 http://www.gklegal.com/blog/lessons-learned-from-the-pandemic/ Should I Initiate Divorce During the COVID-19 Pandemic? http://www.gklegal.com/blog/should-i-initiate-divorce-during-the-covid-19-pandemic/ If you were thinking about getting a divorce before March 2020, you may have felt that the time was “right.”  The economy was seemingly doing well, unemployment was low, stocks were high, you made it through the holidays; it may have.  Then the coronavirus (COVID-19) arrived.

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2020-04-20 00:00:00 http://www.gklegal.com/blog/should-i-initiate-divorce-during-the-covid-19-pandemic/
Having Trouble Meeting Your Business Contract Obligations? http://www.gklegal.com/blog/having-trouble-meeting-your-business-contract-obligations/ 2020-04-01 00:00:00 http://www.gklegal.com/blog/having-trouble-meeting-your-business-contract-obligations/ Update on Medical Marijuana in the Workplace http://www.gklegal.com/blog/update-on-medical-marijuana-in-the-workplace/ On March 10, 2020, the New Jersey Supreme Court in Wild v. Carriage Funeral Holdings, Inc., et al., (A-91-18) (082836), affirmed that a medical cannabis patient can assert a claim for employment discrimination under the New Jersey Law Against Discrimination (NJLAD) for an adverse employment action based on an employee’s off-site medical cannabis use. 

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2020-04-01 00:00:00 http://www.gklegal.com/blog/update-on-medical-marijuana-in-the-workplace/
Congress Passes Coronavirus Aid, Relief, and Economic Security Act (CARES) http://www.gklegal.com/blog/congress-passes-coronavirus-aid-relief-and-economic-security-act-cares/ On March 27, 2020, President Trump signed the Coronavirus Aid, Relief and Economic Security Act (“CARES Act”), a roughly $2 trillion stimulus measure that includes payments to millions of Americans in need of assistance, support for the health care system, unemployment benefit expansions, and loans to struggling businesses. Below are some highlights of the Act that we expect employers will want to know.   

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2020-03-30 00:00:00 http://www.gklegal.com/blog/congress-passes-coronavirus-aid-relief-and-economic-security-act-cares/
Divorce & Coronavirus (COVID-19): Co-Parenting During Quarantine http://www.gklegal.com/blog/divorce-coronavirus-covid-19-co-parenting-during-quarantine/ We are all living in an unprecedented time as a result of the coronavirus (COVID-19) pandemic.  This is new territory for divorced parents dealing with New Jersey’s “stay at home” order and imposed social distancing while simultaneously attempting to co-parent.  It is also uncharted territory for the attorneys advising them.  How are parents supposed to address transfers (hand off) of children if they are supposed to stay at home?  Do parents feel safe in handing off their children when there may be issues of trust between the parents?  This blog will attempt to address those concerns, understanding that there is much uncertainty and little guidance provided at this time.

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2020-03-24 00:00:00 http://www.gklegal.com/blog/divorce-coronavirus-covid-19-co-parenting-during-quarantine/
Employer Alert: Emergency FMLA and Sick Leave Expansion Signed Into Law Under the Families First Coronavirus Response Act (FFCRA) http://www.gklegal.com/blog/employer-alert-emergency-fmla-and-sick-leave-expansion-signed-into-law-under-the-families-first-coronavirus-response-act-ffcra/ 2020-03-20 00:00:00 http://www.gklegal.com/blog/employer-alert-emergency-fmla-and-sick-leave-expansion-signed-into-law-under-the-families-first-coronavirus-response-act-ffcra/ New Jersey’s Response to Employment-Related Issues Prompted by Coronavirus (COVID-19) http://www.gklegal.com/blog/new-jersey-s-response-to-employment-related-issues-prompted-by-coronavirus-covid-19/ The widespread closure of businesses, potential short-term and long-term unemployment, reduced hours, and leave considerations have left New Jersey employers scrambling to find answers in connection with how to address leave time in light of the pandemic.

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2020-03-19 00:00:00 http://www.gklegal.com/blog/new-jersey-s-response-to-employment-related-issues-prompted-by-coronavirus-covid-19/
What Employers Need to Know About the Families First Coronavirus Response Act http://www.gklegal.com/blog/what-employers-need-to-know-about-the-families-first-coronavirus-response-act/ In the wake of the coronavirus pandemic, employers are facing overwhelming questions regarding employer obligations, complying with government directives, and paid time off.

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2020-03-17 00:00:00 http://www.gklegal.com/blog/what-employers-need-to-know-about-the-families-first-coronavirus-response-act/
Divorce FAQs http://www.gklegal.com/blog/divorce-faqs/ This article will address the following frequently asked questions:  How long does it take to get a divorce in New Jersey? Do I need to hire an attorney to handle my divorce? Can my spouse and I use the same attorney? How much will my divorce cost? Can I force my spouse to pay for my legal fees in a divorce? What are the requirements for filing for divorce? Do I have to continue to live in the house with my spouse during the divorce? Can I change the locks on the house? My spouse wants to attend mediation to resolve our divorce. Should I go?

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2020-03-11 00:00:00 http://www.gklegal.com/blog/divorce-faqs/
Can a 20-Year-Old Prenuptial Agreement be Enforced? http://www.gklegal.com/blog/can-a-20-year-old-prenuptial-agreement-be-enforced/ Prenuptial agreements (prenups) can be valid and enforceable in the State of New Jersey.  In the recent case of Steffens[i], the Appellate Division held that a 20-year-old prenup signed in 1994, the day before the parties’ marriage ceremony took place, was valid and enforceable.

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2020-02-10 00:00:00 http://www.gklegal.com/blog/can-a-20-year-old-prenuptial-agreement-be-enforced/
New Law Facilitates Adoptions Involving Assisted Reproduction http://www.gklegal.com/blog/new-law-facilitates-adoptions-involving-assisted-reproduction/ Newly passed NJ Senate Bill 3528[1] has established a process to obtain an expedited judgement of adoption for a spouse or civil union partner of a biological or legal parent of child when both parties are named as parents on the child's birth certificate.  The bill was signed into law on January 13, 2020 and becomes effective April 1, 2020.

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2020-01-17 00:00:00 http://www.gklegal.com/blog/new-law-facilitates-adoptions-involving-assisted-reproduction/
Municipal Websites Should Comply with the ADA http://www.gklegal.com/blog/municipal-websites-should-comply-with-the-ada/ 2020-01-13 00:00:00 http://www.gklegal.com/blog/municipal-websites-should-comply-with-the-ada/ Sexual Assault Survivor Protection Act (SASPA): 2019 Update http://www.gklegal.com/blog/sexual-assault-survivor-protection-act-saspa-2019-update/ The Sexual Assault Survivor Protection Act (SASPA) was passed into law in November 2015 and enacted in May 2016[i].  This Act provides greater protection to victims of sexual offenses by allowing them to obtain a protective order. You can read the law at N.J.S.A. 2C:14-13 et seq.[ii]  New Jersey Rules of Court, Rule 5:7B[iii] addresses SASPA.  In November 2019, the Appellate Division of New Jersey, in the case of C.R. v. M.T., Docket No. A-0139-18T4[iv], addressed the issue of an intoxicated victim.  The Court indicated that under SASPA, a victim who alleges that voluntary intoxication prevented her from consenting to sexual contact with defendant must prove extremely high level of intoxication, i.e., a "prostration of faculties."

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2019-12-04 00:00:00 http://www.gklegal.com/blog/sexual-assault-survivor-protection-act-saspa-2019-update/
I Am Divorced…Now What? http://www.gklegal.com/blog/i-am-divorced-now-what/ Many clients are relieved, for a variety of reasons (stress, financially, emotionally), to be done with their divorce, but the entry of a final judgment of divorce is not necessarily the end of the inquiry.  Instead, there are often “to do’s” at the conclusion of a divorce and it is critical that you follow through. 

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2019-11-01 00:00:00 http://www.gklegal.com/blog/i-am-divorced-now-what/
What is Parent Coordination and Do I Need It? http://www.gklegal.com/blog/what-is-parent-coordination-and-do-i-need-it/ In March 2007, the Supreme Court of New Jersey launched a pilot program for parent coordination[i].  That program defines a Parenting Coordinator as “a qualified neutral person appointed by the court, or agreed to by the parties, to facilitate the resolution of day to day parenting issues that frequently arise within the context of family life when parents are separated.  The Parenting Coordinator’s goal is to aid parties in monitoring the existing parenting plan, reducing misunderstandings, clarifying priorities, exploring possibilities for compromise and developing methods of communication that promote collaboration in parenting. The Parenting Coordinator’s role is to facilitate decision making between the parties or make such recommendations, as may be appropriate, when the parties are unable to do so.”

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2019-10-15 00:00:00 http://www.gklegal.com/blog/what-is-parent-coordination-and-do-i-need-it/
What Employers Need to Know About the New Overtime Salary Threshold http://www.gklegal.com/blog/what-employers-need-to-know-about-the-new-overtime-salary-threshold/ 2019-10-10 00:00:00 http://www.gklegal.com/blog/what-employers-need-to-know-about-the-new-overtime-salary-threshold/ Wage Theft Act – the Latest Law Impacting Employers in NJ http://www.gklegal.com/blog/wage-theft-act-the-latest-law-impacting-employers-in-nj/ 2019-08-21 00:00:00 http://www.gklegal.com/blog/wage-theft-act-the-latest-law-impacting-employers-in-nj/ Employers: Asking Job Candidates About Salary History Will Soon Be Illegal in NJ http://www.gklegal.com/blog/employers-asking-job-candidates-about-salary-history-will-soon-be-illegal-in-nj/ With the signing of Bill A1094 into law on July 25, 2019, New Jersey has followed in the footsteps of several other states by prohibiting employers from inquiring about job applicants’ prior earning history. The new law goes into effect on January 1, 2020, and pertains not only to wages, but also other employment-related compensation and benefits.

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2019-08-09 00:00:00 http://www.gklegal.com/blog/employers-asking-job-candidates-about-salary-history-will-soon-be-illegal-in-nj/
Exhaustion of Remedies No Longer Required in Constitutional Takings Cases http://www.gklegal.com/blog/exhaustion-of-remedies-no-longer-required-in-constitutional-takings-cases/ In Knick v. Township of Scott, Pa. (No. 17-647), decided June 21, 2019, the U.S. Supreme Court overruled the longstanding precedent set forth in Williamson County v. Hamilton Bank (1985), which required a plaintiff bringing a claim under the Civil Rights Act of 1871 (Section 1983) for unconstitutional taking of private property to first exhaust state and local remedies.

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2019-07-12 00:00:00 http://www.gklegal.com/blog/exhaustion-of-remedies-no-longer-required-in-constitutional-takings-cases/
New Jersey’s Expanded Medical Marijuana Law Presents Serious Implications for Employers http://www.gklegal.com/blog/new-jersey-s-expanded-medical-marijuana-law-presents-serious-implications-for-employers/ New Jersey’s marijuana legislation has been in a constant state of flux for more than a year. Prior to July 2, 2019, New Jersey’s medical marijuana law allowed individuals who received a valid recommendation from a physician to purchase, possess and consume cannabis, but failed to provide any protection for medical marijuana users in the employment arena. In fact, the New Jersey Compassionate Use Medical Marijuana Act, N.J.S.A. 24:61-1, et seq. (CUMMA), specifically did not require an employer to accommodate a medical marijuana user. That all changed on July 2, 2019, when Governor Phil Murphy signed a bill that expanded the State’s medical marijuana program in significant ways.

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2019-07-09 00:00:00 http://www.gklegal.com/blog/new-jersey-s-expanded-medical-marijuana-law-presents-serious-implications-for-employers/
Divorce and Equitable Distribution of Restricted Stock http://www.gklegal.com/blog/divorce-and-equitable-distribution-of-restricted-stock/ In one of my recent divorce cases, the following question arose:  “Would a portion of restricted stock, which vests after the date of the complaint for divorce, be subject to equitable distribution, if the vesting is contingent upon post-complaint employment efforts?”

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2019-07-01 00:00:00 http://www.gklegal.com/blog/divorce-and-equitable-distribution-of-restricted-stock/
Is the Cost of a Child’s Car Considered Child Support in NJ? http://www.gklegal.com/blog/is-the-cost-of-a-child-s-car-considered-child-support-in-nj/ Clients often ask if the cost of a child's car is considered child support in NJ.  No, the expenses for the purchase of a child’s car and any associated costs are NOT considered to be part of basic child support under the NJ Child Support Guidelines.

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2019-06-24 00:00:00 http://www.gklegal.com/blog/is-the-cost-of-a-child-s-car-considered-child-support-in-nj/
A Moral Obligation Versus a Legal Obligation http://www.gklegal.com/blog/a-moral-obligation-versus-a-legal-obligation/ As a divorce attorney, I often have clients who question whether their spouses should or should not do something.  This may have to do with the finances or the children, but it is a common question.  Many times, the answer has to do with the difference between a moral obligation and a legal obligation. 

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2019-05-30 00:00:00 http://www.gklegal.com/blog/a-moral-obligation-versus-a-legal-obligation/