To a joyful present and a well-remembered past. Best wishes for happy holidays and a magnificent new year.
Understanding Equitable Distribution in New Jersey
How the Courts Divide Marital Debts and Assets in Divorce
Determining who will receive what property in a divorce, and who will be saddled with marital debt, is rarely an easy process. Courts consider numerous factors, including whether there was any financial wrong doing (one of the leading causes of divorce), whether the parties have become used to living a certain way, and whether one party made sacrifices to allow the other party to pursue his or her dreams.
In New Jersey, as in the majority of states, courts apply the legal principle of “equitable distribution” to property settlements in divorce. It’s important, though, to understand that a court will get involved only if the parties cannot reach a mutual agreement on their own; however, courts may look at privately agreed-upon settlements to ensure there was no duress or coercion.
If the parties cannot agree on the distribution of marital debts and assets, the court will apply the principle of equitable distribution. Equitable, as used here, means “fair,” but not necessarily equal. The court will consider a wide range of factors to come up with a fair arrangement:
- The duration of the marriage
- The physical and emotional health of the parties
- The age of the parties
- The standard of living established during the marriage
- The income or property brought to the marriage by each party
- Any written agreement made by the parties, either before or during marriage, concerning property distribution
- The economic circumstances of each party at the time the division of property becomes effective
- The income and earning capacity of each party, including educational background, training, employment skills, work experience, length of absence from the job market, custodial responsibilities for children, and the time and expense necessary to acquire sufficient education or training to enable the party to become self-supporting at a standard of living reasonably comparable to that enjoyed during the marriage
- The contribution by each party to the education, training or earning power of the other
- The contribution of each party to the acquisition, dissipation, preservation, depreciation, or appreciation in the amount or value of the marital property, as well as the contribution of a party as a homemaker
- The tax consequences of the proposed distribution to each party
- The present value of the property
- The needs of a parent with physical custody of a child to own or occupy the marital residence and use or own the household effects
- The debts and liabilities of both parties
- The need to create, now or in the future, a trust fund to secure reasonably foreseeable medical or educational costs for a spouse or child
- The extent to which a party deferred achieving his or her career goals to maintain the home
- Any other factors the court deems relevant
Contact Our Office
At the Cintron Firm, LLC, we bring more than 14 years’ experience to men and women in all matters related to family law and divorce. To set up an appointment, contact our office at 201-791-1333 or 917-494-5695, or send us an e-mail.
Happy Thanksgiving 2019
“Let me encourage you to get up every day and focus on what you do have in life. Be thankful for the blessings of the little things, even when you don’t get what you expect.” – Victoria Osteen
The Impact of Domestic Violence Charges on Custody and Visitation in New Jersey
How Domestic Abuse Affects Your Custody Rights
Your relationship with your children can be difficult and emotional, particularly when they are in their formative years. Tempers often can fly, with devastating consequences. When there’s a history of domestic violence or abuse, courts take great care to ensure minor children are safe as possible. Such measures often have a direct impact on custody arrangements.
The Determination of Child Custody
In New Jersey, as in all states, the primary goal in determining custody and visitation is the best interest of the child. A court will look at various factors when making that assessment, including any history of domestic violence and the safety of all parties. These considerations are not optional—they are mandatory. Accordingly, if there have been allegations or documented instances of domestic violence or abuse, the court must pay heed to them.
There are two types of custody rights relating to minor children in New Jersey: legal custody and physical custody. Legal custody refers to the right to participate in decisions regarding the child’s welfare, including educational, health, religious, and special needs decisions. Physical custody refers to the child’s primary residence. As a general rule, a domestic violence allegation or charge is far more likely to have an impact on physical custody than legal custody. Because the court is tasked with protecting the best interests of the child, a parent with a history of domestic violence is less likely to get physical custody than a parent with no such history.
The Determination of Visitation
A court will award visitation based on the same guiding principle—the best interests of the child. When it comes to visitation, the court may address its concerns about prior instances of domestic violence in a number of ways:
- Disallowing overnight visitation,
- Ordering supervised visitation only, or
- Denying visitation entirely.
Often, when a court denies visitation, it will condition reinstitution of visitation on the perpetrator of domestic violence participating in anger management or other counseling.
Contact Our Office
At the Cintron Firm, LLC, we offer more than 14 years of hands-on legal experience to people across New Jersey. Send us an e-mail, or call us at 201-791-1333 or 917-494-5695 to set up an appointment.
Happy Veterans Day 2019
“Honoring the sacrifices many have made for our country in the name of freedom and democracy is the very foundation of Veterans Day.” – Charles B. Rangel
Custodial Parent Relocation in New Jersey
Factors Considered by the Courts When Evaluating a Potential Move
In today’s highly mobile society, it’s far more common for parents who have divorced to gravitate to different parts of the state or the country. Though New Jersey mandates that the courts consider the “best interests of the child” when ruling on matters of custody and visitation,that doesn’t mean the courts won’t allow a custodial parent to move away from the non-custodial parent. In many situations, a custodial parent may not relocate without obtaining the approval of the court. In addition, there are fairly specific factors the court will consider before granting such a request:
- The reason for the move—Is the reason one that will ultimately benefit the child? The courts have consistently held that there must be a good faith reason for the move, and that the move must not be contrary to the best interests of the child
- The non-custodial parent’s motivation for objecting to the move—Likewise, will denying the move be best interests of the child
- The wishes of the child, if the child is determined to be old enough to make an informed decision
- Whether the child has any special needs or talents that will be accommodated in the new location
- Whether the relocation will still allow the non-custodial parent to have a full and continuous relationship with the child
- The perceived likelihood that the custodial parent will promote and encourage a positive relationship between the child and the non-custodial parent if the move is allowed
- The child’s educational level—the court typically frowns on relocations before a child’s senior year in high school
- The impact the move will have on the child’s relationships and access to extended family members, such as grandparents
Contact Our Office
At the Cintron Firm, LLC, we bring more than 14 years of experience men and women in all matters related to family law and divorce. To set up an appointment, contact our office at 201-791-1333 or 917-494-5695 or send us an e-mail.
The Implied Warranty of Habitability in New Jersey
A Landlord’s Responsibility to Tenants
In landlord-tenant situations, there’s a tendency to focus on the obligations of the tenant to the property owner—the duty to pay rent, the duty not to damage the premises, and the duty not to use the premises for illegal purposes, among other obligations. But landlords have legal duties, too. One of the most important is what is known under the law as the “implied warranty of habitability.
The Implied Warranty of Habitability
For hundreds of years, the doctrine of caveat emptor (“let the buyer beware”) applied to residential and commercial leases. That meant that a tenant took the premises as delivered. Such an agreement was typically, but not always, based on a pre-lease inspection. The assumption was that the tenant would be responsible for all repairs required to the premises. That rule no longer applies.
The parties to a lease can still agree that the premises are taken “as is.” Absent such a provision, all lease agreements carry an “implied warranty of habitability.” Because the warranty is implied, there’s no requirement that it be in writing, or that it be orally discussed and agreed upon by the parties.
In essence, an implied warranty of habitability mandates that landlords provide tenants with a safe and livable leasehold. In today’s world, that is typically interpreted to mean that the premises must have:
- A functional roof that protects the tenant from rain and snow
- Heating and cooling systems appropriate to the location and climate
- Access to hot and cold water
- Structurally sound walls and floors, so that there’s no danger of collapse
- Windows and doors that can provide adequate security and protection from the elements
In addition, the leasehold must be free from mold and other substances that pose a health hazard.
There are typically a number of remedies, should you encounter a situation where the leasehold is not habitable:
- You can refuse to pay rent
- You can make necessary and reasonable repairs yourself and withhold the cost from yourrent
- You may be able to terminate the lease early without liability for future rents
Contact the Cintron Firm
At the Cintron Firm, LLC, we offer more than 14 years of experience to people in New Jersey facing a broad array of legal challenges. Attorney Mark Cintronhas worked as a prosecutor and has extensive courtroom experience, so he’s always ready, willing and able to protect your interests before a judge or jury. Contact our office online or call us at 201-791-1333 or 917-494-5695 to set up an appointment.
Beware of the “Yoyo” Financing Ploy When You Buy a Car
Don’t Take the Car Unless You’ve Signed All the Paperwork
When you need a car, it can seem like a Godsend when the dealer lets you take the car, even though the financing may not be final. You may be shopping in the evening or on a weekend, when the lenders are closed. The dealer may quote a rate and a payment, telling you that the paperwork will all come through in the next day or two. The clear impression is that your payments and your financing are a done deal.
Here’s what happens next, though, in many situations. The dealer calls you and tells you there’s been a “problem” with the financing and that you’ll need to come in and sign some additional documents. When you get to the dealership, you get a high pressure sales pitch to commit to a much higher interest rate, a longer term, or both. According to industry watchdogs, the average interest rate bump in one of these scams is 5%.
How can you protect yourself? Here are some of the warning signs:
- The dealer or salesperson asks you to sign a document where you don’t fill in one or more of the fields
- The dealer lets you take the car home without signing a sales agreement
- The dealer/salesperson cannot commit to an interest rate in writing
- The sales agreement uses the word “conditional” anywhere in the verbiage
That being said, you should never sign any document at a dealership if you don’t understand all of its terms. If you are unfamiliar with the legal terminology or find it confusing in any way, ask to take the document with you and have it reviewed by an attorney. If you do sign an agreement, make certain all fields are completed and ask for a copy of the finalized agreement. Never take a car home without signing a written agreement that states a specific interest rate
Contact Our Office
At the Cintron Firm, LLC, we offer more than 14 years of hands-on legal experience to people across New Jersey. Send us an e-mail or call us at 201-791-1333 or 917-494-5695 to set up an appointment.
Including the Costs of College in a New Jersey Divorce Decree
Parents in New Jersey May Have Responsibility for College Tuition
The state of New Jersey has long been a proponent of higher education, with the courts regularly issuing rulings requiring parents to for a child’s college education, provided they have the appropriate resources. That includes parents who remain married or parents who terminate a marriage. Accordingly, if you are involved in a New Jersey divorce proceeding, you need to work with legal counsel to ensure that your property settlement identifies the amount each party will contribute toward your child’s college education.
The New Jersey courts consider a range of factors when establishing responsibility for college tuition payments:
- The financial resources of both parents
- The amount of contribution sought by the child for education
- Whether or not it is reasonable to expect that the child would go to college, given the values and background of the parents
- The aptitude for and commitment of the student for the specific course of study
- Any financial resources of the child
- In cases of divorce, whether the parent, if still living with the child, would have made contributions to defray the costs of a college education
- Whether the amount requested is reasonable in light of the type of study or specific school the child will attend
- The child’s potential earning power while in school and on summer breaks
- Any financial aid that may be available to the child
- The relationship between the parent and child, including shared goals and values, as well as the child’s adherence to parental training, advice and guidance
- Whether the requested education reasonably relates to the child’s overall long-term career objectives
In some situations, the parent’s responsibility to pay college tuition may even extend to graduate or professional school. At least one New Jersey court has held that a father was required to provide support for his daughter until she finished law school.
Contact Our Office
At the Cintron Firm, LLC, we bring more than 14 years of experience individuals who have suffered any type of personal injury, including physical injuries in a work-related accident. To set up an appointment, contact our office at 201-791-1333 or 917-494-5695 or send us an e-mail.
Contributory and Comparative Negligence in New Jersey
When You Share the Responsibility for Injuries You’ve Suffered
It’s not unusual, when you’ve suffered injury in an accident, that a court of law will conclude that you contributed, to some degree, to the events that led to your losses. What are your rights and responsibilities when you have some liability for your own injuries?
Contributory Negligence
Under the laws first established in England, and brought here in colonial times, the doctrine of contributory negligence applied when an injured person caused his or her losses, in whole or in part. Under the principle of contributory negligence, a person who caused his or her own injuries, in any way and to any degree, could not recover monetary damages from another person. In practice, the law came to be perceived as often unfair, allowing grossly negligent defendants to escape responsibility if they could show the slightest carelessness or negligence by the injured party.
Comparative Negligence
In response to those perceptions, New Jersey and all other states have replaced the doctrine of contributory negligence with the concept of comparative negligence. In a comparative negligence scheme, the court first makes a determination of the total amount of a plaintiff’s losses. The court then establishes the degree or extent to which the plaintiff contributed to his or her injuries. The total damage amount is then reduced by that percentage. For example, if a person sustained $100,000 in losses in a motor vehicle accident, but was deemed 25% responsible, the award will be reduced to $75,000.
The doctrine of comparative negligence has taken two forms—pure comparative negligence and modified comparative negligence. In a pure comparative negligence jurisdiction, the injured party will always receive something, even if he or she is primarily responsible for injuries suffered. In a modified comparative negligence state, such as New Jersey, the plaintiff must stay below a specific threshold of liability, typically 50%. If he or she exceeds that degree of responsibility, no damages are recoverable.
At the Cintron Firm, LLC, we offer more than 14 years of experience to people in New Jersey facing a broad array of legal challenges, including people who have sustained injuries in a slip and fall accident. Attorney Mark Cintron has worked as a prosecutor and has extensive courtroom experience, so he’s always ready, willing and able to protect your interests before a judge or jury. Contact our office online or call us at 201-791-1333 or 917-494-5695 to set up an appointment.
- 1
- 2
- 3
- …
- 8
- Next Page »
