E400 NJ LAWS Email Newsletter

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NJ Laws Email Newsletter E400

Kenneth Vercammen, Attorney at Law

July 3, 2012

Office Phone Number:

(732) 572-0500

www.njlaws.com

In This Issue:

1. Police Cannot Search Home for Noise Complaint.

2. Arrest Permitted Where Sign Said No Loitering.

3. New YouTube Videos

4. Termination of Child Support After

High School Graduation and Upon Emancipation.

5. You are Invited to Kenneth Vercammen's Annual Summer Blast Happy Hour.

Greetings!

Happy 4th of July!

1. Police Cannot Search Home for Noise Complaint. State v. Kaltner 210 NJ 114 (2012).

The decision of the Appellate Division is affirmed substantially for the reasons expressed in Judge Parillo's opinion. Because the police officers' warrantless search of the home after they were called to address a noise complaint was not objectively reasonable, the evidence obtained during the search was properly suppressed.

2. Arrest Permitted Where Sign Said No Loitering. State v. Gibson 425 NJ Super. 523(App. Div. 2012) A-1513-10T4. 5-8-12

In this appeal, defendant argued, among other things, that the trial judge erred in denying his motion to suppress evidence seized from him following his arrest for defiant trespass. The court rejected this argument, concluding that the arresting officer possessed probable cause that defendant had engaged in a defiant trespass even though the property owner posted a "no loitering" instead of a "no trespassing" sign.

3. New YouTube Videos

We recently posted new videos on YouTube. These videos cover a number of different legal areas such as criminal, traffic, personal injury, wills and estate planning, etc. Visit our YouTube channel to view these videos....

http://www.youtube.com/user/kvercammen

4. Termination of Child Support After High School Graduation and Upon Emancipation.

Child support is usually paid through a wage withholding garnishment at the parent's job. Child Support Orders and wage withholding continue forever against you until a Superior Court Judge signs a Formal Court Order terminating or modifying support. It is not sufficient for the payor to simply wait for the child to finish school. Many Divorce decrees and Property Settlement Agreements state that child support will end upon emancipation. For example, the term "emancipation" is sometimes defined as follows: (i) The completion of the child's formal education on a matriculated basis, whether it be graduation from a four year undergraduate school or high school, it being understood that so long as the child is diligently pursuing his formal education through a four year undergraduate college education and obtaining passing grades the child shall not be considered emancipated. (ii) Upon the completion of any of the aforesaid segments of the child's education, and upon the failure to commence the next segment of his education, or upon leaving school, the child shall be deemed emancipated unless failure to continue on with his education has resulted from injury or illness or some other cause beyond the child's control. (iii) The marriage of the child. (iv) Entry into the military or armed forces by the child.

Your attorney can draft the appropriate Motion to terminate child support if the child is emancipated. You will need to provide your attorney with relevant papers including a copy of the Final Judgment for Divorce, any other Child Support Orders, a copy of the birth certificate if available, proof of graduation from school or working full time, etc. Sometimes the child support recipient, usually the mother, will sign a Consent Order, which your attorney can file without the need for a Formal Motion. However, generally a Formal written Notice of Motion must be filed in the County Superior Court where the Child Support Order was entered. The requirements of the Motion are detailed and must include the correct filing fees. Child support does not end merely if the child reaches 18 and graduates high school. Most Child Support Orders continue child support if the child is in college full time. However, don't give up. In the unreported Appellate Division decision of Kozak v. Kozak __ NJ Super. __ (App. Div. decided January 9, 2003) the court reduced child support during the period of time the child resided at the college campus. The judge properly determined it was appropriate to calculate child support only for the period of time the child was not residing at college.

5. You are Invited to Kenneth Vercammen's Annual Summer Blast Happy Hour.

Friday, July 20, 2012

5:00PM - 7:00PM

at Bar Anticipation "Where Summer Never Ends"

703 16th Avenue

Lake Como/ Belmar, NJ 07719

Free for you and two friends.

5-7PM Hot & Cold Buffet with carving station

The reduced price Happy Hour is 6-7PM with $1 House Drink, Bud/BudLt draft & House Wine Specials

We will be at the outside Boardwalk bar under the tent.

Email Ken's Law Office so we can put your name on the VIP list for wri

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Published In: Family Law Updates

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Kenneth Vercammen, Esq., Kenneth Vercammen & Associates, PC | Attorney Advertising

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