Archive: 2015
If I Remarry, Can My Child Call My New Spouse “Mom” or “Dad”?
Dec 22, 2015 | Written by: | Share
According to a new, unpublished trial Court opinion issued by Judge Jones, the answer is yes. If the child is of sufficient age and maturity to distinguish between the biological and step-parent, the...
Records Custodian Not Obligated to Respond to Duplicative OPRA Requests or Accommodate Overbroad OPRA Requests
Dec 22, 2015 | Written by: | Share
The Appellate Division in Lagerkvist v. Officer of the Governor of the State of New Jersey, et al., Docket No. A-0250-14T3 (Dec. 17, 2015) held that a records custodian did not violate the Open Public...
Charitable Trusts: How to Give to Charity and Your Family
Dec 15, 2015 | Written by: | Share
A charitable trust exists in three basic forms: a charitable lead trust, a charitable remainder trust, and a trust with a charitable beneficiary. Each trust provides for a different timing of when a...
Avoiding Capital Gains Tax with a Section 1031 Exchange
Dec 9, 2015 | Written by: | Share
Taxpayers must generally report any profits made from the sale of a capital asset, and pay to the government any capital gains tax owed. But if a taxpayer is selling real estate, it's possible to...
When Does “HO-HO-HO” Become “WOE, WOE, WOE”? Top 10 Ways to Prevent Your Company Holiday Party from Turning into Potential Litigation
Dec 8, 2015 | Written by: | Share
While many companies sponsor holiday parties, the consumption of alcohol, coupled with dancing and a casual environment, can lead to various types of possible internal complaints and lawsuits. Here...
What is a Trust? And How Can It Change My Estate Plan?
Dec 7, 2015 | Written by: | Share
In its most simplistic form, a Trust is a separate legal entity that owns assets for the benefit of another person or entity. As part of your estate plan, a properly drafted Trust is a very effective...
Gebhardt & Kiefer Successfully Defends Municipality’s Use of N.J.S.A. 2C:34-7 to Regulate Location of Sexually Oriented Businesses
Dec 4, 2015 | Written by: | Share
On November 24, 2015, the Appellate Division issued its decision in favor of Gebhardt & Kiefer’s client, the Township of East Hanover. Richard Cushing, Esq. argued the appeal on behalf of...
If I Move Out of Our Home During Our Divorce, Will I Lose My Rights to It?
Dec 2, 2015 | Written by: | Share
No, if you elect to move out of the home during the marriage, you do not lose any of your rights to the equity in the home. Ultimately, your rights to the home are determined by the factors set forth...
Can A Restraining Order Be Granted if Domestic Violence Was Violently Provoked By The Plaintiff?
Nov 18, 2015 | Written by: | Share
As an attorney who focuses on family law matters, I have seen many instances where an alleged “victim” violently provokes someone to react violently, and then seeks a restraining order against...
How Do I Determine How Much Spousal Support I Need?
Nov 4, 2015 | Written by: | Share
In New Jersey, there is a list of factors under the alimony statute N.J.S.A. 2A:34-23 that is used to determine the appropriate amount of alimony. The factors that the court uses in its analysis are...