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Family Matters

Family Law  and all Family Law Matters

Why Choose a FAMILY LAW  ATTORNEY 


If you are facing the difficult decisions involved in separation or divorce, it is comforting to work with a family law attorney who is empathetic as well as experienced. It is of the utmost importance for a client to develop a close working relationship with a Family Law attorney when dealing with the highly emotional and many times life long implications resulting from the dissolution of a marriage and/or dealing with a child or children born outside of marriage.

The results of the separation and/or divorce process is more than just a legal process as the outcome will surely effect you for the rest of your life and your child or children's lives.


Recent changes in two  important areas of Family Law make it more important than ever that anyone involved in a Family matter seek the counsel of a skilled family attorney:

 

1.       N.J.S.A. 2A:34-23 “Alimony - Maintenance” This law went into effect on 9/10/14 and has greatly affected the alimony landscape in New Jersey, there is no longer any “permanent alimony”, and alimony in most case will only last up to the length of the actual marriage. Alimony is presumed to end as the paying ex-spouse reaches full Social Security retirement age. A spouse can make application for the other spouse, who is in a superior financial position, to pay a retainer fee to an attorney to represent them in an application for alimony and / or child support. One of the highly contested areas of what happens to alimony upon co-habitation by the receiving ex-spouse with another has changed. Now the alimony may be terminated or suspended during the time of the co-habitation without the prior required showing of economic contribution by the person co-habiting with the ex-spouse.

 2.       N.J.S.A. 2A:17-56.67 “Termination of Child Support” This law went into effect on 2/1/17 and has also greatly affected child support in New Jersey, with child support ending at the child reaching age 19 unless the child is still in High School or enrolled full time in secondary education (trade school, college etc.), but all child support will end by the child reaching age 23. The Probation Department will only collect or enforce any child support obligation until the child reaches the age of 23. Application can be made for “financial maintenance” for continuing support for adult children with physical or mental incapacities.


The entire process can and should be handled by an experienced and empathetic lawyer like Edward R. Wiercinski, who not only guides his clients through the legal process but onto a new chapter in that client's life. Our law firm has experience with the following types of family law matters:


Divorce

Separation

Child Custody

Child Support

Child Visitation

Modification of Existing Orders

Spousal Support

Domestic Violence

Paternity

Petitions to Remove Child to Another Geographical Location

Pre-Nuptial Agreements

Property Division Agreements

Adoptions

Family College Education Issues

New Jersey Traffic Violation Defense Lawyer

When the average citizen commits an offense, it usually involves a violation of the traffic law. These type of offenses are handled in Municipal Court. Each Municipality in the State has a Municipal Court usually located at the Municipal Building with the Police Department. Traffic violations can be minor, such as speeding, parking in a loading zone, or more serious, such as reckless driving, driving without insurance or driving with a suspended driver's license. One of the most serious traffic offenses is DUI (Driving Under the Influence) of alcohol or drugs. Often, people choose to admit to the offense and pay the fine, as well as pleading guilty to the original traffic offense which may constitute DMV Points, surcharges, and suspension of their driving privileges. Almost all traffic tickets can be negotiated to an offense carrying less fines, lower points, and a lesser amount of time for loss of driving privileges.

Municipal Courts also handle minor criminal charges in New Jersey, which are called Disorderly and Petty Disorderly offenses. These are minor criminal charges such as simple assault, bad check writing, minor drug offenses, and harassment. The offenses are punished as follows:
Disorderly Persons Offenses: up to six months in County Jail and a fine of $1000.00
Petty Disorderly Persons Offenses: up to three months in County Jail and a fine of $500.00

Municipal Court Prosecutors can offer a diversionary pre-trial program called Conditional Discharge (CD). A CD is available to a defendant accused of a minor drug offense such as "under 50 grams of marijuana." It can only be accessed once and usually will not require a Guilty Plea, which would result in a mandatory six-month loss of driving privileges. After six to twelve months probationary period all charges are dismissed and the defendant can then move to expunge their record leaving their criminal history record (rap sheet) clear.


DUI (Driving Under the Influence of Alcohol or Drugs)In New Jersey a defendant can be convicted of a DUI by having a blood alcohol level, which is at or above the State limit (which as of January 2004 is .08%), OR by failing the sobriety roadside tests currently referred to as "psycho-physicals." These tests usually entail reciting the alphabet backwards or forwards without singing it, heel to toe walking, holding one foot above the ground without loosing balance or using your arms outstretched for balance and a visual examination by the Police Officer (if he is certified to perform this test) of your eye movement called "Horizontal Gaze Nystagamus." There is NO Right to refuse to provide a breath sample or a sample of blood for the purpose of ascertaining a blood alcohol reading. Should a driver refuse they will be issued a Refusal ticket as well as a DUI ticket, and the penalties for both tickets can run consecutively.

The fines and punishment for DUI for a blood alcohol reading of at least .08% but less than .10% are:

First Offense
$200.00 to $400.00 fine
12 to 48 hours in the IDRC (Intoxicated Drivers Resource Center)
Up to 30 days in the County Jail
3 months Loss of License (or driving privilege if an out of State licensed driver)

The fines and punishment for a DUI for a blood alcohol reading of .10% and higher as well as driving under the influence of drugs are:

First Offense
$300.00 to $500.00 fine
12 to 48 hours in the IDRC (Intoxicated Drivers Resource Center)
Up to 30 days in the County Jail
7 to 12 months Loss of License (or driving privilege if an out of State licensed driver)
Second Offense
$500 to $1000.00 fine
48 hours to 90 days in the County Jail
Up to 30 Days Community Service
2 year Loss of License (or driving privilege if an out of State licensed driver)
Ignition Interlock or forfeit registration for 2 years
Third and Subsequent Offenses
$1000.00 fine
180 days in the County Jail (may serve 90 of the 180 in an approved inpatient rehabilitation facility)
Up to 30 Days Community Service
10 years Loss of License (or driving privilege if an out of State licensed driver)
Ignition Interlock or forfeit registration for 10 years

Traffic , DUI/DWI

Please review our site including the FAQ section and see what we may be able to offer you. The selection of an attorney is an important decision, you should consult an attorney for individual advice regarding your own situation. This web site is designed for general information only. The information presented at this site should not be construed to be formal legal advice or the formation of a lawyer / client relationship.