January 3, 2014 By

Can I Sue for Child Support Owed from the Time of Birth?

Mount Laurel Divorce Temporary Orders Attorneys

Under New Jersey state law, a noncustodial parent is legally responsible for child support. Practically speaking, this means that if you and your spouse are legally separated or divorced, or you are estranged from your child’s father, you can seek an enforcement order to require them to pay child support. Here, the law is clear: child support is not a punitive measure, intended to punish one parent and reward the other; rather, child support is explicitly for the upkeep and maintenance of a child, not the custodial parent.

However, there is a statute of limitations on establishing paternity in New Jersey; a paternity action must be initiated no later than within five years after a child’s 18th birthday.

Child Support and Paternity

In New Jersey, the amount of child support paid is determined under Appendix IX of the New Jersey Court Rules. In general, child support is the responsibility of both parents. However, in cases involving out-of-wedlock births, the paternity of a child link to www.njchildsupport.org/Services-Programs/Non-Custodial-Parents/Custodial-Parents.aspx may be unstated on the birth certificate. In cases such as these, if the mother of a child sues the putative father for paternity and establishes that he is in fact the father of her child, she has legal grounds for demanding child support from him.

What if paternity isn’t established until years after the birth of a child? Under New Jersey state law, a noncustodial parent can be held responsible for paying child support from the time of the child’s birth until the child reaches age 18 or beyond. The time frame involved will depend on what your child support agreement says and what the court determines is in the best interests of the child. In some cases, child support may be extended beyond the age of 18 if a child is still in high school or is attending a secondary educational institution.

When a child enters college, New Jersey’s child support guidelines typically no longer apply since there is an overlap with certain college costs (room and board, transportation, etc.) and Guideline expenditures. If the child lives at home, however, the court may decide to continue child support.

Back-Owed Child Support

New Jersey’s Child Support Guidelines reflect the average cost of raising a child from the age of birth to 17 years old. As such, unless a child is legally emancipated, a noncustodial parent can be held financially responsible for child support going back to the birth of his child.

If a child support order is not entered until after a child is 12 years old, the amount of child support ordered will likely be adjusted upward to reflect the incremental increase in expenses of raising a child since the cost of taking care of an infant or young child is not as much as it is for raising an older child or a teenager.

Mount Laurel Child Support Attorneys at Taylor & Boguski

If you are interested in establishing the paternity of your child and seeking an enforcement order for child support in arrears, contact Mount Laurel divorce temporary orders attorneys at Taylor & Boguski, LLC, today to schedule an appointment and discuss your case.

Filed Under: Divorce, Divorce Mediation
August 27, 2013 By

Learn more about Worker’s Compensation

The New Jersey Department of Labor is comprehensive database which addresses all questions related to worker’s compensation issues such as benefits, timelines, employer reporting requirements, total disability, temporary disability and insurance coverage requirements. Helpful information exists such as knowing that workers’ compensation benefits are not taxable under the NJ Gross Income Tax law N.J.S.A. 54A:6-6. See more on the IRS website here. Additionally, to receive worker’s compensation benefits, by law, an employee you must be unable to work for seven days (including weekends and holidays) before being eligible for temporary disability benefits. Benefits are retroactive to the first day, and the seven days do not have to be consecutive. Other information such as pointers on the litigation process is discussed. For example, after the judge’s order warding you of benefits, the Workers’ Compensation Insurance carrier has 60 days to process payment. If you have not received payment, you may be entitled to receive simple interest on any delay in payments. Under statute N.J.S.A. 34:15-15 an employer has the choice to select which health service professionals to provide care to an injured employee. Failure of an employer to provide the required worker’s compensation insurance may subject the employer to a penalty up to $1,000 for the first twenty days and up to $1,000 for each ten-day period after that.

To learn more about New Jersey workers’ compensation laws and your rights, contact Mount Laurel workers’ compensation attorneys at Taylor & Boguski. Employers don’t always tell their employees about their rights. Additionally, they don’t always treat them fairly in terms of job protection. If you’ve been injured on the job, it’s important to talk to an experienced workers’ compensation attorney at Taylor & Boguski in Mount Laurel, New Jersey. Call 800-404-5299 or 856-234-2233 for a free consultation or contact us online.

Filed Under: Workers Compensation
August 27, 2013 By

Post-Traumatic Stress Disorder (PTSD) after an accident

After an accident, post-traumatic stress disorder is a common medical condition that can arise. In one such recent instance of crime related to post-traumatic stress disorder in the news, Jodi Arias who is 32 years-old, suffers from post-traumatic stress disorder. She was put on the stand in court for 18 days after killing her ex-boyfriend. She claims that because of her disorder she cannot remember the majority of her actions. Arias was charged with first degree murder but is claiming she killed him out of self-defense but doesn’t remember that she ever stabbed him over two dozen times, that his throat was ever slit or that he was shot in the head. Some doctors believe that memories can be limited and do not form when people experience acute stress since it their chemistry makeup under those conditions prevents it from forming. Arias could face the death penalty if she is convicted of this crime. Read here for more.

After an accident, PSTD is a common disorder which can form. In fact, PTSD can develop after a traumatic event that threatens your safety or is life-threatening. PTSD usually forms differently in person, and also varies from person to person. PTSD can develop hours or days after a traumatic event, but it can also form weeks, months, and even years later. For more information, see here. It is important to talk to an attorney in the wake of an accident, because PSTD is a disorder which should be considered when damages are awarded and calculated.

If you or someone you know is suffering from PSTD

The attorneys at Taylor & Boguski, LLC, are a South New Jersey law firm located in Mount Laurel. We represent clients in a variety of personal injury claims such as Psychiatric Injuries, Social Security Disability Claims, Brain Injuries, Back, Neck and Spinal Cord Injuries, Wrongful Death, Medical Malpractice, and many other injuries. Call 800-404-5299 or 856-234-2233 for a free consultation with a Personal Injury Attorney. Get the legal advice you need from an experienced attorney so that your rights can be availed.

Filed Under: Personal Injury Tagged With:
August 27, 2013 By

Custodial accounts

Statistically, it has been reported that 99 percent of divorce litigation is resolved by settlement or voluntarily dismissal. The issue of whether a custodial account in one parent’s name, who has a child, can be kept separate from marital assets when there is a divorce has been examined. Spouses can choose and agree upon which terms or conditions should rule in their divorce as long as there is no violation of public policy. Such a violation would include if a custodial parent tries to waive child support. This is because courts have found that the right to child support belongs to the child.

Most times custodial accounts are set aside for the child in terms of setting up an education fund for schooling and college. After a child goes to college if there is any extra money in the fun then it can get split between the former spouses or the remainder can go to the child. It depends on how the parties have decided it. Each family’s situation lend to a different determination and outcome when it comes to custodial accounts during a divorce, because the facts and circumstances of each family is very different.
Read more.

In terms of college tuition for a child, it is important for the non-custodial parent to be very involved in the child’s decision to attend either a public or a private college. One seminal court case, Nebel v. Nebel, 103 N.J. Super. 216 (App. Div. 1968), established what is known as the “Rutgers” Rule. This rule holds that a financially able father must contribute to the college education expenses of a child while the custodial mother could designate a private college. However, the father’s share to pay is limited. Thus, the non-custodial parent can always argue with the legal reasoning from the Nebel case that their legal responsibility to give monies toward the cost of college should be limited to the cost to attend Rutgers, or a similar public college or university in New Jersey.

Seeking advice about being a good co-parent

In times of divorce, an experienced attorney will guide you and advise you in preserving the maximum amount of the marital estate, developing an agreement which the court will approve, and finding the best possible outcome for your children. The law firm of Taylor and Boguski, in Mount Laurel, NJ, can help you. Contact us for a free attorney consultation by calling 800-404-5299 or 856-234-2233, or contact us online.

Filed Under: Divorce Mediation Tagged With:
July 26, 2013 By

Construction Site Accidents in New Jersey

The Workers Compensation Act passed in New Jersey is a no fault law with respect to who is to blame after a construction site accident. A site manager has a legal duty to inspect and keep a construction site in safe condition from dangers that would cause injury to workers including but not limited to: danger to life, limb and property of persons, as well as dangers or hazards on the property. Notably, jury trials are not allowed in workers compensation cases. Financial recovery is determined by state law in these kinds of cases.

In order to prove who is at fault in lawsuits, negligence must be proved. Contractors have a duty of care for people who come onto a construction site, and this duty is governed by general negligence elements. This requires that a contractor must exercise reasonable care to maintain the site in a safe condition for a person who the contractor may reasonably expect to come onto the site. This is different from common law doctrine. Premises liability under Common Law is determined by what kind of group or classification the injured person is considered to be, such as a business invitee, licensee, or trespasser. See more here.

To discuss your case and learn more about how we can help you, contact Mount Laurel construction accident injury attorneys. If you’ve been injured in a construction site accident, other benefits may be available to you in addition to your entitlement to workers’ compensation benefits. In cases when injuries are caused, either in total or in part, by the actions of a third party, additional compensation may be awarded to offset long-term financial consequences of an employee’s injuries. Call 800-404-5299 or 856-234-2233 for a free of charge consultation with attorneys at Taylor & Boguski in Mount Laurel, New Jersey.

Filed Under: Work - Related Injury, Workers Compensation Tagged With:
July 26, 2013 By

Personal Injury Damages

In Bayonne, New Jersey a recent accident has raised the question of damages in personal injury matters. The Bayonne Fire Department captain was charged with drunk driving and in the process caused three separate accidents within 30 minutes. The captain named John Leahy, who is 46 years old has since been suspended without pay within 48 hours of the crashes that took place on March 5, 2013. Read more.

Damages awards in a personal injury matter can vary depending on fault. To prove negligence in New Jersey, the complaining party has to show that the opposing party acted negligently by failing to exercise the standard of care that a reasonably prudent person would have exercised in a similar situation. The plaintiff must prove that there was a duty of care that was breached and that the breach of that duty of care caused the plaintiff injuries which resulted in damages. New Jersey is a comparative negligence state which means that, if a plaintiff is 51 percent or more at fault for his injuries, he may not sue. If he is 50 percent or less at fault, he is only allowed to sue for an amount proportional to that person’s percentage of the fault. Notably, the statute of limitations for personal injury cases in New Jersey is two years. Moreover, punitive damages are limited to five times the compensatory damages or $350,000, whichever is greater. For more information, see here.

Find out what damages you may be entitled to

If you’ve been injured in a car accident, truck wreck, motorcycle crash, your slip and fall, contact Mount Laurel personal injury attorneys at Taylor & Boguski today to discuss your case. Taylor & Boguski represents clients in personal injury accidents in the Mount Laurel, Cherry Hill and other South Jersey areas. If you have been involved in a serious accident or a loved one died in a fatal accident, contact the serious injury lawyers at Taylor & Boguski for a free consultation call 800-404-5299 or 856-234-2233 or contact us online.

Filed Under: Personal Injury Tagged With:
July 26, 2013 By

December 2012 Rulings over Divorce in NJ sparked debate

In the Unites States about half of marriages end in divorce. In December 2012, after a decision made by Judge Paul X. Escandon in the case of a divorce, more than 40 women came to the Monmouth County courthouse to protest that the determination was biased against females in divorce cases. New Jersey residents have issued difference opinions on the issue. These opinions vary as to what is at stake for the court system and the judges who make these decisions to other opinions which hold that alimony laws are unfair to everyone, both men and women. Currently, New Jersey Alimony Reform is an organization of women and men which exists to provide educational resources to both legislators and the public. See full article.

New Jersey recognizes five types of alimony: temporary alimony, limited duration alimony, permanent alimony, rehabilitative alimony, and reimbursement alimony. Temporary alimony is allowed when there are low-earning or unemployed spouses to. A judge may award you limited duration alimony based on financial need until the spouse can become self-supporting. Permanent alimony is awarded after a long marriage if you gave up career or education opportunities to care for your family or advance your spouse’s education or career. Rehabilitative alimony is allowed when the requesting spouse submit to the court the steps to be taken for rehabilitation, the time frame, and a period of employment that will take place. Rehabilitative alimony helps a spouse to get financially stabilized and provides training and education so the spouse can become self-supporting. Finally, reimbursement alimony compensates a spouse who supported the other spouse throughout their advanced education. It is important to note that a court may award any combination of these orders. To understand more bout alimony and its obligations click here, and contact Mount Laurel matrimonial attorneys at Taylor and Boguski.

Affected by court decisions after divorce or changes under the law in the midst of a divorce?

Contact the law office of Taylor and Boguski, in Mount Laurel, NJ. Our attorneys are able to address every issue a spouse can face when experiencing a divorce. Whether it comes to child support and welfare, dividing marital property, fighting for the rights of parents and children, or understanding your rights during a divorce, our office can help you no matter what family law matter you face. Call our firm at 800-404-5299 or 856-234-2233, or contact us online, or visit our Practice Areas page for more information about Taylor & Boguski.

Filed Under: Divorce Mediation Tagged With:
June 21, 2013 By

Total Disability v. Temporary Disability

The NJ Workers’ Compensation Law provides for the following benefits: Medical Benefits, Temporary Disability Benefits, Permanent Partial Benefits, Permanent Total Benefits, and Death Benefits to name a few.

Temporary Total Disability Benefits are offered if an injured worker is disabled for more than seven days. The benefits are calculated at a rate of 70% the average weekly wage and cannot exceed 75% of the Statewide Average Weekly Wage (SAWW) or fall below the minimum rate of 20% of the SAWW. Benefits are terminated by when the worker is released to return to work in some capacity, or if the worker has reached maximum medical improvement (MMI). MMI is used when more treatment, if given, will no longer improve the medical condition of the injured worker.

Permanent Total Benefits, on the other hand, occurs when a work injury or illness prevents a worker from returning to any type of gainful employment. These weekly benefits are provided for 450 weeks, and continue past this time as long as the injured worker is able to show that he or she remains unable to earn wages. These benefits are paid weekly and are based on 70% of the average weekly wage, and cannot exceed 75% of the Statewide Average Weekly Wage (SAWW), or fall below the minimum rate of 20% of the SAWW. A combination of injuries that leave a worker unemployable, or when a worker has lost two main members of the body such as eyes, arms, hands, legs or feet, then that person is presumed eligible for Permanent Total Benefits. To find out more about benefits, see the New Jersey Department of Labor site for: Frequently Asked Questions about Benefits.

Learn about your rights with the help of attorneys at Taylor & Boguski in Mount Laurel, New Jersey. The claims process of filing for workers’ compensation can be challenging and the outcome can negatively affect the worker’s quality of life if there is less than favorable determination in the case. Thus, it is best to speak to a workers’ compensation lawyer who will charge no fees until the matter is resolved. At that time, the judge determines the proper legal fees to be paid to the attorney. Call 800-404-5299 or 856-234-2233 for a free consultation or contact us online.

Filed Under: Workers Compensation Tagged With: ,
June 21, 2013 By

School bus accident calls to mind the common causes of 18 wheeler accidents

In recent Newark, New Jersey transit accident related news, 10 students and 2 adults were injured after a school bus crash. According to the reports, none of the injuries were considered to be life threatening. However further details have not been disclosed. The site of the crash was at Grove and Grain streets and it occurred around 8:25 am but the cause of the accident is still under investigation. Additionally, no charges or summons have been issued. See article here.

There are about 500,000 truck accidents that happen each year. One of the major causes of an 18 wheeler accident is driver fatigue. Some lesser causes include poorly maintained equipment, which can lead to tire blowouts and sideswiping another motor-vehicle when changing into another lane. After suffering from a car accident, an insurance company may ask you to sign away your rights in exchange for money. It is in your best interest not to sign anything for the insurance company without speaking first to an experienced personal injury lawyer.

Truck accidents wrecks can be more complex than Car Accidents, Motorcycle Accidents, or Bicycle Accidents. This is because multiple parties such as the truck driver, the truck owner, the transportation company, the shipping company and their separate insurance carriers can be involved in the accident. Many parties will deflect blame from to one another. It is important to seek legal counsel from someone you can trust. The lawyers at Taylor & Boguski have over 30 years of experience and they can help you with your questions and your claims. Contact us online, or us at call 856-234-2233, or toll free at 1-800-404-5299, for a confidential, free of cost consultation.

Filed Under: Personal Injury Tagged With:
June 21, 2013 By

Tax Dollars at stake in NJ Divorce Loophole

Government officials have been taking into consideration the idea of “divorce from bed and board” which allows a limited divorce procedure for legally separated couples to remain technically married. It creates a loophole in which people who are no longer dependent on a public employee are allowed receive taxpayer-funded health benefits. Additionally, there is no way of tracking the data since it’s a legal procedure that has not been revised. A recently proposed bill would make it illegal to give publicly-funded healthcare benefits plans to a public employee’s spouse who partakes in this “divorce from bed and board.” Read more.

Contact an Experienced Matrimonial Attorney in New Jersey

If you or someone you know if experiencing marital problems which may lead to divorce or seeking legal advice about divorce in southern New Jersey, discuss your situation with an experienced family law attorney at Taylor and Boguski, located in Mount Laurel, NJ by calling 800-404-5299 or 856-234-2233, or contact us online.

Filed Under: Divorce Tagged With:
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