Bankruptcy

Chapter 7- Discharge of debts
A Chapter 7 proceeding (sometimes called a straight bankruptcy or liquidation) is a proceeding in which the debtor owes more than they own and turns over all of their property, except limited property which is exempt, to a trustee in bankruptcy, who sells the property and pays to the debtors creditors on a pro-rata basis. The debtor keeps only exempt property. The debtor, when discharged by the bankruptcy court, is forever released from all of his or her debts, excepting non-dischargeable debts.

Chapter 7 can be used by individuals or businesses. For businesses, it signals the end. The failing business's assets are liquidated and apportioned on a pro-rata basis to creditors by the trustee appointed by the court.

Chapter 7 petitioners who are individuals can keep various court personal items, tools of their trade(such as a carpenters tools) and household furnishings of a nominal value and auto (to the extent of the exemption value amount). However, most assets go to pay the debts if such assets exceed the Federal statutory exception amount..

THE 1994 AMENDMENTS HAVE DOUBLED THE FEDERAL EXEMPTIONS. STATUTORY LIMITS ON THE FEDERAL EXEMPTIONS AFTER THE AMENDMENTS INCLUDE:

* Real property $15,000 for equity in property that is used as a residence (the "homestead" exemption) Section 522 (d)(1)
* Car $2,400 in equity in a motor vehicle; Section 522 (d)(2)
* Household goods $400 in one item and $8,000 of equity in household goods and furnishings;
* Section 522 (d)(3)
* Jewelry $1,000 in jewelry; Section 522 (d)(4)
* "Roll-over" exemption of up to $7,500 of the unused homestead exemption, in any property.
* Section 522 (d)(5)
* Tools of the trade $1,500 Section 522 (d)(6)
* Unmatured life insurance Term life Section 522 (d)(7)
* Life insurance value $8,000 Section 522 (d)(8)
* Health Aids Section 522 (d)(9)
* Right to receive certain income- social security, unemployment, disability, alimony, support
* Section 522 (d)(10)
* Certain Pensions, 401K and IRA Section 522(d)(10)(e)
* Damage awards- crime victim, dependent receiving life insurance, personal injury up to $15,000 Section 522 (d)(11)

In the case of a joint petition by a husband and wife, each is entitled to the statutory exemption. Accordingly, a husband and wife would have a $30,000 homestead (house) exemption under the 1994 Amendments.

THE FOLLOWING DEBTS ARE SOME OF THE COMMON ITEMS NOT DISCHARGEABLE AND YOU STILL MUST PAY THEM:

* Taxes 523 (a) (1)
* Credit & debts incurred by false representations 523 (a)(2)
* Debts not listed on the schedules 523 (a) (3)
* Fraud 523 (a)(4)
* Alimony, Child support, Certain 523 (a)5
* Willful & malicious injury 523 (a)6
* Fines & penalties 523 (a)7
* Students loans 523 (a)8
* Personal injury while operating a car under influence or alcohol or drug 523 (a)9
* Certain equitable distribution 523 (a) 15
* Condo/ co-op fees following order for relief to membership assoc. 523 (a) 16

Just a few years ago, bankruptcies were relatively rare. But with consumer debt at an all time high, the public is becoming much more familiar with bankruptcies. Personal bankruptcies have more than doubled in the last decade.

A number of prominent businesses, among them Texaco and Johns-Manville have also declared bankruptcy. New Jersey alone is the recipient of a substantial bankruptcy caseload. The law provides debt burdened but viable companies an opportunity to negotiate debt payments with creditors and thus survive.

The bankruptcy petition asks a court to legally declare individuals or businesses officially unable to meet their debts. If the court does so, their assets are then administered for the benefit of their creditors.

The bankruptcy law can thus benefit both lenders and borrowers. On the one hand, bankruptcy provides an orderly process for dividing the borrowers property and repaying each lender as fully as possible to the extent there are any assets to liquidate. On the other hand, the law is intended to give borrowers a fresh start in rebuilding their economic life.

A Chapter 11 proceeding is frequently called a Reorganization.Ó It is generally used by corporations in financial trouble, but it may also be used by individuals in the same circumstances. Individuals who choose Chapter 11 proceedings generally are those who own and operate small businesses whose total indebtedness exceeds the qualification limits for Chapter 13 proceedings described below. However, in many cases an individual may be forced into Chapter 11 if Chapter 13 or Chapter 7 are not available. Chapter 11 and Chapter 13 proceedings are quite similar in that the debtor proposes to the bankruptcy court and his or her creditors a plan for the payment of secured and unsecured creditors over a period of time. Keep in mind that the Chapter 11 petition and subsequent proceedings are much more involved and complicated than the less costly and involved Chapter 13.

A Chapter 13 proceeding is sometimes called a Wage-earner plan". It is a bankruptcy proceeding quite similar to the Chapter 11 proceeding in that the debtor (and generally also his or her spouse) works out a plan which permits the debtors to keep their property (or some of it) while making reduced payments to creditors at modified interest rates. Finance and penalty charges and late fees on many obligations can be eliminated or reduced. At the same time, creditors are assured of fair treatment under a repayment plan administered by an independent impartial trustee. Creditors can recover some, if not all debts owed to them at collection costs far less than customary collection costs.

Chapter 13 is intended for individuals with a steady source of income. It allows a person to pay all or a portion of his or her debts, usually by extending the time for payments (generally for three to five years). Under this alternative, the debtor usually turns over to a fixed sum of money every month to a trustee, who then pays those who are owed money. Chapter 11 and 13 are expensive and complicated proceedings. The Law Office of Kenneth Vercammen does not handle Chapter 11 or Chapter 13 filings. We can provide you with names of attorneys that handle these.

Duties of a Client

* You must fully cooperate with the Law Firm and provide all information relevant to the issues involved in this matter.
* You must notify the Law Firm immediately if you move, if your telephone numbers change or if their is any change in your Chapter 7 petition.
* You must fill out the Chapter 7 petition completely and accurately.
* You must obtain a TRW or other credit report, together with the addresses of all creditors listed on the TRW, even if you dispute the claim.
* You must carefully review the draft bankruptcy petition/ Schedules for accuracy.
* You may write to each creditor and request verification of the debt.
* After the filing of the Chapter 7, if you are contacted by any creditors you must provide them with the docket number of your case, a copy of the first page of the Chapter 7 petition, and a copy of the notice for the 341 hearing.
* If you do not correctly list each creditor, their address and account number, then that debt will not be discharged.
* You must call the law office the day before the 341 hearing.
* You must bring all your papers to the 341 hearing.
* You must also pay all bills as required by this Agreement. We request that you not provide the law office's name and phone number to any creditors until after the Petition has been filed.
* If you do not comply with these requirements, the Law Firm may withdraw from representing you. The Law Firm will also withdraw at your request.

Costs And Experts. In addition to legal fees, you must pay the following costs and expenses if applicable; experts' fees, court costs, accountants' fees, appraisers' fees, service fees, investigators' fees, deposition costs, messenger services, parking, telephone toll calls, and photocopying, and any other necessary expenses in this matter.

Fees Charged by Attorneys

The Courts Rules of Professional Conduct do not specifically permit us to discuss fees over the phone. We have found that most people desire an experienced, competent attorney, not the cheapest, least expensive attorney. Attorneys fees usually cannot be estimated until we are provided with facts and documents in writing.
Litigation Matters
For Litigation Matters not involving personal matters Personal Injury, experienced attorneys charge between 200 -$375 per hour for their service and advice. Wall Street Attorneys in New York will charge even $400 per hour.

Criminal, DWI, Traffic
These are usually handled on a Flat Fee basis, not hourly.

Wills, Power of Attorney Document Preparation
Documents are usually prepared on a Flat Fee basis. If attorney charges are requested after the document is prepared, there will be a change in charges.

Probate / Administration of Estate
Probate matters are handled on an hourly basis. For Litigation Matters not involving personal matters Personal Injury, experienced attorneys charge between 200 -$375 per hour for their service and advice.

Persona Injury
Handled on a 33 % contingency. No fee unless recovery.

COOPERATING & WORKING WITH YOUR ATTORNEY
When do I need a lawyer?

This really depends on your situation. Generally, you should think
about obtaining legal advice regarding:

* adoptions
* Serious accidents
* Deaths
* Business transactions
* Starting or terminating a business
* Being accused of a crime
* When someone sues you
* Planning for distribution of your property and/or care of your young children after your death
* Writing a will
* Retirement planning

If a problem like one of these faces you, call my office as soon as you can. Many simple problems get more complicated as time passes.
When in doubt, talk with me. A brief in office consultation can help you decide if a lawyer¹s assistance is needed.

When I get a lawyer, what can I expect?
In most cases, my representation follows a careful step-by-step process that may include:
* Conferring with you, the client to pinpoint the situation and determine what you wish to accomplish
* Gathering and analyzing all available facts and information
* Interviewing everyone involved with the case
* Studying laws and previous decisions that may apply to your situation
* Offering advice and preparing contracts or other appropriate documents (such as wills, incorporation papers, filings with zoning boards, etc).
* Preparing legal arguments for contested matters, and representing you in any negotiations for settlement and court appearances.

Don¹t Try To Cut Corners When Facing Crucial Issues in Your Life.

It might be dangerous for you to choose a lawyer purely on an estimate of fees. ³Shopping around" for the "cheapest " lawyer may not be the best approach because that lawyer may not be the most qualified to handle the case. You also want to be certain an attorney is doing most of the work, rather than an inexperienced new lawyer or legal secretaries or clerks.

What Should I Do at my First Meeting Concerning Legal Advice?

* Be prepared to give a brief explanation of your legal problem‹ and what ultimate result you would like the lawyer to help you achieve.

* Bring copies of any written records that explain your problem.

*Write down questions you want the lawyer to answer.

How Do I Insure a Good Lawyer-Client Relationship?

Remember, good legal assistance is not a one-way street. You have to cooperate with my office if you really want to be helped.
The attorney-client relationship is confidential except, according to the Rules of Professional Conduct, if it is necessary for the lawyer to disclose information to the proper authorities in order to prevent a client from committing a criminal, illegal or fraudulent act likely to perpetrate a fraud upon a tribunal. Here are some important tips to follow:

* Please provide me with an objective statement of all the facts. According to the Rules of Professional Conduct, a lawyer may ³counsel or assist a client in a good faith effort to determine the validity, scope, meaning or application of the law.² However, an attorney is not permitted to ³counsel or assist in conduct that the lawyer knows is illegal, criminal or fraudulent, or in the preparation of a written instrument containing terms the lawyer knows are expressly prohibited by law.²

* Don¹t look for simple, quick answers to complex questions. Lawyers are justifiably cautious in drawing conclusions or answering questions about complicated legal problems. Attorneys and judges know that cases are rarely ³open and shut.²

* Let my office know about any new developments in your case.

* Don¹t hesitate to ask questions about any matter relevant to your case. Remember, though, I am not a doctor, psychiatrist, marriage counselor or financial advisor.

* Work with my office. If you don¹t understand why something should be done or have doubts about some action recommended, ask questions and get an explanation.

* Be patient - Don¹t look for instant results. Trust my office and I to follow through on the case but don¹t hesitate to ask for progress reports from time to time.

About Legal Fees, What Can I Expect?
The time, study, experience and attention your attorney gives your problem all determines the legal fees. I have invested tens of thousands of dollars on such things as education, staff, books, journals, rent, office equipment, and insurance. Consequently, a lawyer must set a charge for his services that is both reasonable and adequate to cover his own investment and expenses.

Because no two legal matters are exactly the same, fees vary widely. Some factors involved are:
* The amount of time and labor spent on your problem and the complexity of your case. To a lawyer, time is money. Most lawyers keep very careful records of the time they and their staff spend on your case. Many attorneys will charge specific fees for meetings, research, courtroom appearances, telephone conversations, etc. This amount of time your lawyer may be required to spend will vary according to the case involved.
* The emergency nature of the case or the likelihood that the acceptance of the particular employment will preclude other employment by the lawyer. If the lawyer has to ³drop everything² to handle your matter, the fee may be higher.
* Nature and length of the professional relationship with the client. In a matrimonial matter there must be a written retainer agreement.
* Whether the fee is fixed or contingent. The results obtained often are considered in setting the fee (except for matters in which contingent fees are prohibited by law and the Rules of Professional Conduct). Of course, unless my office takes your case on a contingent fee basis, we except to be paid, no matter what the outcome. (Results can never be guaranteed.)
* If you are suing for compensation for injuries caused by another person¹s negligence, my office may be willing to represent you for a contingent fee. Under this arrangement, I will receive no fee if there is no recovery. (However, you must still pay certain costs directly related to your lawsuit.) A contingent fee agreement must be in writing and must state the method by which the fee is determined, including the percentage accruing to the attorney in the event of settlement, trial, or appeal, litigation and other expenses to be deducted before or after the contingent fee matter, I will provide you with a written statement of the outcome of the matter, and if there is recovery showing the remittance to the client and its method of determination. Under this fee arrangement, I must invest my own time, effort and office expenses without advance payment. This plan permits any injured person, regardless of their financial resources, to be represented by my effort in cases of this type.

Alimony and child support in New Jersey

The following is a portion of the NJ Court Rules which apply to all Divorce, alimony and child support cases
RULE 5:7. DIVORCE, NULLITY, SEPARATE MAINTENANCE (Child Support and Alimony)

5:7-1. Venue

Except as otherwise provided by law, venue in actions for divorce, nullity and separate maintenance shall be laid in the county in which plaintiff was domiciled when the cause of action arose, or if plaintiff was not then domiciled in this State, then in the county in which defendant was domiciled when the cause of action arose; or if neither party was domiciled in this State when the cause of action arose, then in the county in which the plaintiff is domiciled when the action is commenced, or if plaintiff is not domiciled in this State, then in the county where defendant is domiciled when service of process is made. For purposes of this rule, in actions brought under N.J.S.A. 2A:34-2(c), the cause of action shall be deemed to have arisen three months after the last act of cruelty complained of in the Complaint.

5:7-2. Application Pendente Lite

(a) Support Pendente Lite. Applications for support, counsel fees and costs pendente lite, whether made with the complaint or by notice of motion thereafter, shall be accompanied by a completed case information statement in the form set forth in Appendix V to these rules pursuant to R. 5:5-2. If this form has previously been submitted, amendments thereto must be filed with the court no later than eight days prior to the motion hearing date. A completed case information statement shall accompany the response to the application pendente lite. If previously submitted, amendments thereto must be filed with the court no later than eight days prior to the hearing date.

(b) Restraints; Contempt. If pendente lite relief is sought, by way of preliminary restraint or to hold a party in contempt, the application shall be on petition and order to show cause.

5:7-3. Corroboration

All elements of a claim for divorce or nullity may be proved without corroboration.

5:7-4. Alimony and Child Support Payments

(a) Allocation of Support. In awarding alimony, maintenance or child support, the court shall separate the amounts awarded for alimony or maintenance and the amounts awarded for child support, unless for good cause shown the court determines that the amounts should be unallocated. In awarding child support, payments for health care, child care and other expenses necessary to maintain the child or children shall be designated as part of the child support award unless good cause is shown why such amounts should be separated.

(b) Payments Through the Probation Division. The judgment or order shall provide that payments be made to the New Jersey Family Support Payment Center. When an obligor's county of residence changes, the transfer of the responsibility for the collection and enforcement of such judgment or order shall be governed by the policies established by the Administrative Director of the Courts. Alimony, maintenance or child support payments not presently made through the Probation Division shall be so made upon application of either party to the Probation Division unless the other party, upon application to the court, shows good cause to the contrary. In non-dissolution support proceedings, the court shall record its decision using the Uniform Order for Summary Support shown in Appendix XVI of these Rules. Upon the signing of any order that includes support or health insurance provisions to be administered by the Probation Division, the court shall, immediately after the hearing, send to the appropriate Probation Division one copy of the order which shall include statements prepared by the parties or their attorneys providing the names, dates of birth, Social Security Numbers, and mailing addresses of the parents and the children; the occupation and driver's license number of the parent who is ordered to pay support; the policy number and name of the health insurance provider of the parent who is ordered to insure the children; and, if income withholding is ordered, the name and address of the obligor's employer. When a party or attorney must prepare a formal written judgment or order pursuant to a judicial decision that includes support or health insurance provisions to be administered by the Probation Division, the court shall, on the date of the hearing, record the support and health insurance provisions on a Temporary Support Order using the form prescribed in Appendix XVII of these Rules and shall immediately have such order delivered to the Probation Division so that a support account can be established on the Automated Child Support Enforcement System (ACSES). The Probation Division shall establish a support account on ACSES within eight business days of the date the court order was signed. Demographic information provided on the Temporary Support Order shall be limited to that which is required to establish an ACSES account and send case initiation documents to the parties and the obligor's employer. In addition to the information provided to the court with the final order or judgment as required by this paragraph, the parties and their attorneys shall provide additional family and benefit information at the request of the Probation Division. The Temporary Support Order shall remain in effect until a copy of the final judgment or order is received by the Probation Division. After a judgment or order is entered and the Probation Division has established an ACSES support account, the obligor shall notify the appropriate Probation Division of any change of employer, health insurance provider or address and the obligee shall notify the Probation Division of a change of address or a change in the status of the children as may be required in the order or judgment within 10 days of the change, and any judgment or order that includes alimony or support shall so provide. Failure to provide information as to change of employer, health insurance provider or address shall be considered a violation of the order. Judgments or orders amending the amounts to be paid through the Probation Division shall be treated in the same manner.

(c) Income Withholding. All complaints, notices, pleadings, orders and judgments which include child support filed or entered on or after October 1, 1990 shall comply with the income withholding provisions of Rule 5:7-5.

(d) Notices Applicable to All Orders and Judgments That Include Child Support Provisions. The judgment or order shall include notices stating: (1) that, if support is not paid through immediate income withholding, the child support provisions of an order or judgment are subject to income withholding when a child support arrearage has accrued in an amount equal to or in excess of the amount of support payable for 14 days. The withholding is effective against the obligor's current and future income from all sources authorized by law; (2) that any payment or installment of an order for child support or those portions of an order which are allocated for child support shall be fully enforceable and entitled to full faith and credit and shall be a judgment by operation of law on or after the date it is due; (3) that no payment or installment of an order for child support or those portions of an order that are allocated for child support shall be retroactively modified by the court except for the period during which the party seeking relief has pending an application for modification as provided in N.J.S.A. 2A:17-56.23a; (4) that the occupational, recreational, and professional licenses, including a license to practice law, held or applied for by the obligor may be denied, suspended or revoked if: 1) a child support arrearage accumulates that is equal to or exceeds the amount of child support payable for six months, or 2) the obligor fails to provide health care coverage for the child as ordered by the court within six months, or 3) a warrant for the obligor's arrest has been issued by the court for obligor's failure to pay child support as ordered, or for obligor's failure to appear at a hearing to establish paternity or child support, or for obligor's failure to appear at a child support hearing to enforce a child support order and said warrant remains outstanding; (5) that the driver's license held or applied for by the obligor may be denied, suspended, or revoked if 1) a child support arrearage accumulates that is equal to or exceeds the amount of child support payable for six months, or 2) the obligor fails to provide health care coverage for the child as ordered by the court within six months; and (6) that the driver's license held or applied for by the obligor shall be denied, suspended, or revoked if the court issues a warrant for the obligor's arrest for failure to pay child support as ordered, or for failure to appear at a hearing to establish paternity or child support, or for failure to appear at a child support hearing to enforce a child support order and said warrant remains outstanding..

(e) Additional Notices for Orders and Judgments Payable Through the Probation Division. Orders and judgments payable through the Probation Division shall include notices, in addition to those listed in paragraph (d), stating: (1) that the amount of child support and/or the addition of a health care coverage provision in Title IV-D cases shall be subject to review, at least once every three years, on written request by either party to the Division of Family Development, P.O. Box 716, Trenton, NJ 08625-0716 and adjusted by the court, as appropriate, or upon application to the court; (2) that the parties are required to notify the appropriate Probation Division of any change of employer, address or health care coverage provider within 10 days of the change and that failure to provide such information shall be considered a violation of the order; (3) that, in accordance with N.J.S.A. 2A:34-23b, the custodial parent may require the non-custodial parent's health care coverage provider to make payments directly to the health care provider by submitting a copy of the relevant sections of the order to the insurer; and (4) that Social Security numbers are collected and used in accordance with section 205 of the Social Security Act (42 U.S.C. 405), that disclosure of an individual's Social Security number for Title IV-D purposes is mandatory, that Social Security numbers are used to obtain income, employment and benefit information on individuals through computer matching programs with federal and state agencies, and that such information is used to establish and enforce child support under Title IV-D of the Social Security Act (42 U.S.C. 651 et seq.).

5:7-5. Failure to Pay; Enforcement by the Court or Party; Income Withholding for Child Support; Suspension and Revocation of Licenses for Failure to Support Dependents; Execution of Assets for Child Support; Child Support Judgments and Post-judgment Interest

(a) Contempt and Relief in Aid of Litigant's Rights. If a person fails to make payments or provide health insurance coverage as directed by an order or judgment, the Probation Division responsible for monitoring and enforcing compliance shall notify such person by mail that such failure may result in the institution of contempt proceedings. Upon the accumulation of a support arrearage equal to or in excess of the amount of support payable for 14 days or failure to provide health insurance coverage as ordered, the Probation Division shall file a verified statement setting forth the facts establishing disobedience of the order or judgment. The court in the county in which the person against whom the award is made resides, unless another court is designated by order or Rule 5:7-6(a) otherwise provides, may then, in its discretion, institute contempt proceedings in accordance with Rule 1:10-2, and an aggrieved party, or the Probation Division on that person's behalf, may apply to the court for relief in accordance with Rule 1:10-3. If the aggrieved party states under oath in the application that he or she is indigent and unable to pay the required filing fees, the court, if satisfied of the fact of indigency, may waive the payment of such fees. If the application for relief is made on behalf of a party by the Probation Division, filing fees shall be waived, and may, in the discretion of the court, subsequently be assessed against the adverse party if it is determined that he or she has not complied with the order or judgment being enforced. For past-due alimony or child support payments that have not been docketed as a civil money judgment with the Clerk of the Superior Court, the court may, on its own motion or on motion by the party bringing the enforcement action, assess a late interest charge against the adverse party at the rate prescribed by Rule 4:42-11(a). For past-due child support payments that have been docketed as a civil money judgment, see paragraph g of this Rule.

(b) Immediate Income Withholding. All orders that include child support shall be paid through immediate income withholding from the obligor's current and future income unless the parties agree, in writing, to an alternative arrangement or either party shows, and the court finds, good cause for an alternative arrangement. If included in the same order as child support, the court may, in its discretion, garnish a separate amount for alimony, maintenance or spousal support in accordance with N.J.S.A. 2A:17-50 et seq. and include such amount in the immediate income withholding order.

(1) Application. Immediate income withholding applies to all orders which include child support that are established or modified on or after October 1, 1990.

(2) Procedure. If an order or judgment contains a child support provision, the child support shall be paid through immediate income withholding, and the withholding may include amounts for alimony, maintenance or spousal support, unless the parties agree, in writing, to an alternative arrangement or either party shows and the court finds good cause for an alternative arrangement. The court shall forward the order to the Probation Division which shall prepare and send a Notice to Payor of Income Withholding to the obligor's employer or other source of income.

(3) Advance Notice. Every complaint, notice or pleading for the entry or modification of a child support order shall include the following written notice: In accordance with N.J.S.A. 2A:17-56.7 et seq., the child support provisions of a court order are subject to income withholding on the effective date of the order unless the parties agree, in writing, to an alternative arrangement or either party shows and the court finds good cause to establish an alternative arrangement. The income withholding is effective upon all types of income including wages from current and future employment.

(c) Initiated Income Withholding. When any child support order that is not subject to immediate income withholding in accordance with paragraph (b) has an accumulated arrearage equal to or exceeding the amount of support payable for 14 days, the Probation Division supervising the support order shall initiate an income withholding against the obligor's current and future income that is subject to income withholding.

(1) Application. Initiated income withholding applies to all orders which include child support (a) that are entered prior to October 1, 1990, (b) that are entered or modified after October 1, 1990 which do not include a provision for immediate income withholding or (c) in which the parties have agreed, in writing, to an alternative arrangement and an arrearage equal to or in excess of the amount of support payable for 14 days exists. Initiated income withholding does not apply to alimony, maintenance or spousal support provisions.

(2) Procedure. When any order that includes child support is in default in an amount equal to or in excess of the amount of support payable for 14 days, the Probation Division of the County responsible for monitoring and enforcing compliance with the order or judgment shall initiate an income withholding against any of the obligor's income that is subject to income withholding. The Probation Division shall send, by regular mail, a Notice to Obligor of Income Withholding to the obligor's last known address. This notice shall be postmarked no later than 10 days after the date on which the case was identified as having the requisite 14-day arrearage and shall be mailed at the same time as the notice to the payor. The notice shall inform the obligor of the amounts withheld for current support and for the liquidation of arrearages and state that the withholding has commenced. An obligor may contest the withholding only on the basis of mistake of fact. If an obligor objects to the withholding, the Probation Division shall schedule a hearing or administrative review within 20 days after receiving notice of the contest of the withholding. Payment of arrearages after the due date shall not constitute good cause to terminate the withholding. No later than five days after the hearing or administrative review, the Probation Division shall notify the obligor, in writing, whether the withholding shall continue.

(3) Advance Notice. All orders that include child support and that are not subject to immediate income withholding as described in paragraph (b) shall include a notice to the obligor stating that: The child support provisions of a support order are subject to income withholding when a child support arrearage has accrued in an amount equal to or in excess of the amount of support payable for 14 days. The withholding is effective against the obligor's current and future income from all sources authorized by law.

(d) Rules Applicable to All Withholdings. The income withholding shall be binding on the obligor's employer or other source of income and successive payors of the obligor's income immediately after service of the Notice to Payor of Income Withholding upon the payor of such income. An employer or other source of income is not required to alter normal pay cycles to comply with the withholding but shall withhold and forward the required amount beginning with the first pay period that ends immediately after the notice is postmarked and each time the obligor is paid thereafter. The Notice to Payor of Income Withholding shall state that the payor of the obligor's income, except for the Division of Unemployment and Temporary Disability, may deduct a fee of $1.00 for each payment. Such fee shall be deducted from the obligor's income in addition to the amount withheld for child support. The total amount of the withholding shall not exceed the maximum amount permitted under section 303(b) of the federal Consumer Credit Protection Act (15 U.S.C. 1673(b)). If the court modifies any support order based upon changed circumstances, the Probation Division shall notify the payor to change the income withholding accordingly. When the Probation Division is unable to locate the obligor's current employer or other source of income to effectuate an income withholding, it may use any other procedures authorized by law to obtain this information. An income withholding for child support shall have priority over all other legal processes under State law without regard to the date of entry. If the obligor has more than one support order subject to withholding, the employer or other source of income shall withhold the payments on a pro-rata basis. The income withholding shall remain in effect until such time as the court enters an order to the contrary and the Probation Division delivers a Notice of Termination of Income Withholding to the employer or other source of income. An employer may not use an income withholding as a basis for discharge, discipline or discrimination in hiring. An aggrieved obligor may institute court action against the employer or other source of income as set forth in N.J.S.A. 2A:17-56.12. If the obligor's source of income fails to comply with a Notice to Payor of Income Withholding, it is liable for amounts that should have been withheld. The employer or other source of income shall notify the Probation Division promptly upon termination of the obligor's employment. If an employer or other source of income fails to comply with the terms of the income withholding or any withholding provision in this paragraph, the court may, upon application of the Probation Division, issue an Order to Show Cause for Contempt against the payor and proceed with contempt proceedings under Rule 1:10-3. The forms and notices required herein shall be prescribed by the Administrative Director of the Courts.

(e) Suspension and Revocation of Licenses for Failure to Support Dependents. (Professional license ex. - Doctor, CPA, Landscaper, Plumber)

(1) General Provisions. If a child support arrearage equals or exceeds the amount of child support payable for six months, or court-ordered health care coverage for a child is not provided within six months of the date that it is ordered, or the obligor fails to respond to a subpoena relating to a paternity or child support action, or a warrant for the obligor's arrest has been issued by the court due to the failure to pay child support as ordered, failure to appear at a hearing to establish paternity or child support, or failure to appear at a child support hearing to enforce a child support order, and said warrant remains outstanding, and the obligor is found to possess a license in the State of New Jersey, including a license to practice law, and attempts to enforce the support provisions through income withholding, withholding of civil lawsuit awards, and the execution of assets, when available, have been exhausted, the Probation Division shall send a written notice to the obligor, by certified and regular mail, return receipt requested, at the obligor's last-known address or place of business or employment, stating that the obligor's licenses may be revoked or suspended unless, within 30 days of the postmark date of the notice, the obligor pays the full amount of past-due child support, or provides proof that health care coverage for the child has been obtained, or responds to a subpoena, or makes a written request for a court hearing to the Probation Division. If a child support-related warrant exists, the license revocation or suspension will be terminated if the obligor pays the full amount of the child support arrearage, provides proof that health care coverage for the child has been obtained, or surrenders to the county sheriff or the Probation Division. No license revocation action shall be initiated if the Probation Division has received notice that the obligor has pending a motion to modify the child support order if that motion was filed prior to the date that the notice of the license suspension or revocation was sent by the Probation Division. If the court issues a warrant for the obligor's arrest for failure to pay child support as ordered, or for failure to appear at a hearing to establish paternity or child support, or for failure to appear at a child support hearing to enforce a child support order, and said warrant remains outstanding, the Probation Division shall immediately notify the Division of Motor Vehicles of the warrant and the requirement to suspend the obligor's driving privileges pursuant to N.J.S.A. 2A:17-56.41.

(2) Suspension by Default of the Obligor. If, after receiving notice of a proposed license suspension or revocation, the obligor fails to take one of the actions specified in paragraph (e)(1) of this Rule, the Probation Division shall provide the court with a certification setting forth the obligor's non-compliance and failure to respond to the written notice of the pending license revocation or suspension as well as proof of service of the written notice of license suspension or denial. If, based on the papers filed by the Probation Division, the court is satisfied that service on the obligor was effective as set forth below, it shall, without need for further due process or hearing, enter an order suspending or revoking all licenses held by the obligor except that if the obligor is an attorney licensed to practice law in New Jersey, the order shall notify the Supreme Court to suspend the obligor's license to practice law.

(3) Service of the Notice of Proposed License Suspension or Revocation. For the purpose of license suspensions or revocations initiated in accordance with this paragraph, simultaneous certified and regular mailing of the written notice shall constitute effective service. The court may deem procedural due process requirements for notice and service of process to be met with respect to a party thereto upon delivery of written notice to the most recent residential or employer address filed with the Probation Division for that party. If a party fails to respond to a notice and no proof is available that the party received the notice, the Probation Division shall document to the court that it has made a diligent effort to locate the party by making inquiries that may include, but are not limited to: the United States Postal Service, the Division of Motor Vehicles in the Department of Transportation, the Division of Taxation in the Department of the Treasury, the Department of Corrections, and the Department of Labor. The Probation Division shall provide an affidavit to the court presenting such documentation of its diligent effort, which certifies its inability to locate the party. If the United States Postal Service returns the mail to the Probation Division within the 30-day response period marked "moved, unable to forward," "addressee not known," "no such number/street," "insufficient address," or "forwarding order expired," the court may deem procedural due process requirements for notice and service of process to be met upon a finding that the Probation Division has provided the affidavit documenting the diligent effort to locate the party. If the certified mail is returned for any other reason without the return of the regular mail, the regular mail service shall constitute effective service. If the mail is addressed to the obligor at the obligor's place of business or employment, with postal instructions to deliver to the addressee only, service will be deemed effective only if the signature on the return receipt appears to be that of the obligor. Acceptance of certified mail notice signed by the obligor, the obligor's attorney, or a competent member of the obligor's household above the age of 14 shall be deemed effective service.

(4) License Suspension or Revocation Hearings. If the obligor requests a hearing, the Probation Division shall file a petition for a court hearing, which shall occur within 45 days of the obligor's request. If, at or prior to the hearing, the obligor pays the full amount of the child support arrearage or provides proof that health care coverage for the child has been obtained or responds to the subpoena or surrenders to the county sheriff or the Probation Division, the license revocation process shall be terminated. The court shall suspend or revoke the obligor's licenses (if the obligor is an attorney licensed to practice law in New Jersey, the order shall notify the Supreme Court to suspend the obligor's license to practice law) if it finds that: (a) all appropriate enforcement methods have been exhausted, (b) the obligor is the holder of a license, (c) the requisite child support arrearage amount exists or health care coverage for the child has not been provided as ordered, (d) no motion to modify the child support order, filed prior to the date that the notice of the license suspension or revocation was sent by the Probation Division, is pending before the court, and (e) there is no equitable reason, such as involuntary unemployment, disability, or compliance with a court-ordered plan for the periodic payment of the child support arrearage amount, for the obligor's non-compliance with the child support order. If the court is satisfied that these conditions exist, it shall first consider suspending or revoking the obligor's driver's license prior to a professional or occupational license. If the obligor fails to appear at the hearing after being properly served with notice, the court shall order the suspension or revocation of all licenses held by the obligor except that if the obligor is an attorney licensed to practice law in New Jersey, the order shall notify the Supreme Court to suspend the obligor's license to practice law. In the case of a driver's license, if the court finds that the license revocation or suspension will result in a significant hardship to the obligor, to the obligor's legal dependents under 18 years of age living in the obligor's household, to the obligor's employees, or to persons, businesses, or entities to whom the obligor provides goods or services, the court may allow the obligor to pay 25% of the past-due child support amount within three working days of the hearing, establish a payment schedule to satisfy the remainder of the arrearages within one year, and require that the obligor comply with any current child support obligation. If the obligor agrees to this arrangement, no suspension or revocation of any licenses shall be ordered. Compliance with the payment agreement shall be monitored by the Probation Division. If the obligor has good cause for not complying with the payment agreement within the time permitted, the obligor shall immediately file a motion with the court and the Probation Division requesting an extension of the payment plan. The court may extend the payment plan if it is satisfied that the obligor has made a good faith effort to comply with the plan and is unable to satisfy the full amount of past-due support within the time permitted due to circumstances beyond the obligor's control. In no case shall a payment plan extend beyond the date that the dependent child reaches the age of 18. If the obligor fails to comply with the court-ordered payment schedule, the court shall, upon receipt of a certification of non-compliance from the Probation Division, and without further hearing, order the immediate revocation or suspension of all licenses held by the obligor. If the obligor is an attorney licensed to practice law in New Jersey, the order shall notify the Supreme Court to suspend the obligor's license to practice law. If required by existing law or regulation, the court shall order that the obligor surrender the license to the issuing authority within 30 days of the date of the order.

(5) Transmittal of Order Suspending or Revoking License. If the court issues an order suspending or revoking a license pursuant to paragraph (e) of this Rule, the Probation Division shall forward a copy of the order to the obligor and all appropriate licensing authorities. If the order notifies the Supreme Court to suspend a license to practice law in New Jersey, the Probation Division shall forward the order to the Clerk of the Supreme Court and a copy to the Director of the Office of Attorney Ethics. The suspension of a license to practice law in the State of New Jersey pursuant to paragraph (e) of this Rule, shall be governed by R. 1:20-11A.

(6) Relief From Suspension or Revocation Due to Mistaken Identity. If the licensee, upon receipt of the notice of suspension or revocation from the licensing authority, disputes that he or she is the obligor, the licensee shall notify the licensing authority and the Probation Division by registered mail within 20 days of the postmark date of the notice and request a hearing. Upon receipt of the licensee's request for a hearing, the Probation Division shall determine if the licensee is the obligor. If the Probation Division determines that the licensee is not the obligor, the Probation Division shall so notify the licensee and the licensing authority. If the Probation Division determines that the licensee is the obligor and the licensee still disputes this finding, the Probation Division shall file a petition for a court hearing to resolve the issue. The hearing shall be held within 30 days of the date that the Probation Division determines that a hearing is required. If a hearing is held to determine if the licensee is the obligor, the Probation Division shall notify the licensing authority of the court's finding.

(7) Term of Suspension/Restoration of License. A license suspension or revocation ordered by the court remains in effect until the obligor files with the licensing authority either a court order restoring the license or a Probation Division certification attesting to the full satisfaction of the child support arrearage. Within three working days of the full payment of the child support arrearage, the Probation Division shall provide the court with a certification stating that the obligor has satisfied the past-due child support amount. Upon receipt of the certification, the court shall issue an order restoring the obligor's licenses. The Probation Division shall immediately forward the restoration order or certification to the obligor. The obligor is responsible for filing the court order or Probation certification with the licensing authority. If a license to practice law in New Jersey was suspended by the Supreme Court pursuant to R. 1:20-11A, the attorney shall forward the Chancery Division, Family Part order that recommends the restoration of the license to the Clerk of the Supreme Court and a copy of the order to the Director of the Office of Attorney Ethics. The reinstatement of a license to practice law in New Jersey shall be governed by R. 1:20-11A. When the court issues an order to vacate a child support-related warrant or local law enforcement authorities execute the warrant, the Probation Division shall send a certification or the court's order to the obligor and to the Division of Motor Vehicles indicating that the child support-related warrant is no longer effective. The Division of Motor Vehicles, upon receipt of the order or certification, may reinstate the obligor's driving privileges, provided that the obligor pays the Division's restoration fee.

(f) Execution on Assets to Collect Alimony and Child Support. If an order is issued pursuant to R. 4:59-1(b) authorizing the Probation Division to execute on cash or cash-equivalent assets as defined therein to collect alimony and child support judgments payable through the Probation Division, the Probation Division may assist judgment creditors by preparing the writ of execution, serving the writ on the holder of the debtor's asset by registered or certified mail, and scheduling the matter before the court to obtain an order to turn over funds. Service of the writ shall freeze the asset for the amount of the judgment, but no turnover of funds shall be made or required to be made until ordered by the court. The writ of execution shall be signed by the judgment creditor or the attorney for the judgment creditor and may, subject to the limitations of this rule, be issued by the Vicinage Chief Probation Officer acting as deputy clerk of the Superior Court pursuant to R. 4:59-1(b). The Probation Division shall mail a notice to the debtor as required by R. 4:59-1(g) immediately after the writ has been served on the holder of the asset. The Probation Division shall send a copy of all writs of execution issued pursuant to R. 4:59-1(b) to the Family Division Case Management Office. No costs or fees shall be assessed by the Probation Division for aiding in the execution of a judgment for alimony or child support. With respect to assets other than cash or cash-equivalents as defined in R. 4:59-1(b), the Probation Division may assist the judgment creditor in preparing the writ of execution and such other forms relating to the execution as may be required, and in referring the judgment creditor to the sheriff of the county where the asset is located.

(g) Child Support Judgments and Post-judgment Interest. In accordance with N.J.S.A. 2A:17-56.23a, past-due child support payments are a judgment by operation of law on or after the date due and are subject to post-judgment interest at the rates prescribed in Rule 4:42-11 at the time of satisfaction or execution. Past-due child support payable through the Probation Division shall be automatically docketed as civil judgments with the Clerk of the Superior Court on the first day of the month following the date the payment was due. The Probation Division may, with the authorization of a child support judgment creditor, assist that party in calculating post-judgment interest in accordance with Rule 4:42-11 at the time an offer of satisfaction is tendered or an execution of assets is initiated. For child support that is not payable through the Probation Division, the obligee shall file a motion with the court asking that the amount of past-due child support be fixed and that a judgment be entered for that amount. The obligee shall be responsible for filing the judgment with the Clerk of the Superior Court. Alternatively, the obligee may procure a judgment by filing an application with the Probation Division requesting that past-due and future child support payments be made through that office in accordance with Rule 5:7-4(b).

5:7-6. Consolidated Enforcement and Modification Proceedings

(a) Where an order or judgment requires payment of support or alimony through a probation office in a county other than the county of venue and where motions are pending both for modification and enforcement of the order or judgment, all such motions shall be heard in the county of venue. Prior to such hearing, the amount of arrearages shall be fixed in the county where payments are required to be made either by certification of the probation office or, if its certification is contested, by the court in that county. Where motions are pending both for modification and enforcement, a certification of arrears shall be forwarded by the probation office to the court of original venue seven (7) days prior to the return date.

(b) Where any judgment requires payment through a probation office, all motions for modification or enforcement shall be served by both regular and certified mail upon the probation office in that county as if it were a party to the action.

5:7-7. Delay in Prosecution: Order to Proceed

In divorce and nullity actions, a party either resisting an order of dismissal pursuant to R. 1:13-7 or seeking an order to proceed after such dismissal shall file an affidavit stating the reason for the delay, the relations of the parties toward each other since the commencement of the action, and any agreements or understandings between them.

5:7-8. Bifurcation

Bifurcation of trial of the marital dissolution or custody dispute from trial of disputes over support and equitable distribution shall be permitted only with the approval of the Family Presiding Judge, which approval shall be granted only in extraordinary circumstances and for good cause shown. To file motions your attorney will need copies of all prior orders.

The following is a portion of the additional information your attorney will The above information is a brief outline of work an experienced attorney can do for you. Always schedule an in- office consultation whenever an important legal matter arises.

Alimony and child support in New Jersey

The following is a portion of the NJ Court Rules which apply to all Divorce, alimony and child support cases

RULE 5:7. DIVORCE, NULLITY, SEPARATE MAINTENANCE (Child Support and Alimony)

5:7-1. Venue
Except as otherwise provided by law, venue in actions for divorce, nullity and separate maintenance shall be laid in the county in which plaintiff was domiciled when the cause of action arose, or if plaintiff was not then domiciled in this State, then in the county in which defendant was domiciled when the cause of action arose; or if neither party was domiciled in this State when the cause of action arose, then in the county in which the plaintiff is domiciled when the action is commenced, or if plaintiff is not domiciled in this State, then in the county where defendant is domiciled when service of process is made. For purposes of this rule, in actions brought under N.J.S.A. 2A:34-2(c), the cause of action shall be deemed to have arisen three months after the last act of cruelty complained of in the Complaint.
5:7-2. Application Pendente Lite
(a) Support Pendente Lite. Applications for support, counsel fees and costs pendente lite, whether made with the complaint or by notice of motion thereafter, shall be accompanied by a completed case information statement in the form set forth in Appendix V to these rules pursuant to R. 5:5-2. If this form has previously been submitted, amendments thereto must be filed with the court no later than eight days prior to the motion hearing date. A completed case information statement shall accompany the response to the application pendente lite. If previously submitted, amendments thereto must be filed with the court no later than eight days prior to the hearing date.
(b) Restraints; Contempt. If pendente lite relief is sought, by way of preliminary restraint or to hold a party in contempt, the application shall be on petition and order to show cause.
5:7-3. Corroboration
All elements of a claim for divorce or nullity may be proved without corroboration.
5:7-4. Alimony and Child Support Payments
(a) Allocation of Support. In awarding alimony, maintenance or child support, the court shall separate the amounts awarded for alimony or maintenance and the amounts awarded for child support, unless for good cause shown the court determines that the amounts should be unallocated. In awarding child support, payments for health care, child care and other expenses necessary to maintain the child or children shall be designated as part of the child support award unless good cause is shown why such amounts should be separated.
(b) Payments Through the Probation Division. The judgment or order shall provide that payments be made to the New Jersey Family Support Payment Center. When an obligor's county of residence changes, the transfer of the responsibility for the collection and enforcement of such judgment or order shall be governed by the policies established by the Administrative Director of the Courts. Alimony, maintenance or child support payments not presently made through the Probation Division shall be so made upon application of either party to the Probation Division unless the other party, upon application to the court, shows good cause to the contrary. In non-dissolution support proceedings, the court shall record its decision using the Uniform Order for Summary Support shown in Appendix XVI of these Rules. Upon the signing of any order that includes support or health insurance provisions to be administered by the Probation Division, the court shall, immediately after the hearing, send to the appropriate Probation Division one copy of the order which shall include statements prepared by the parties or their attorneys providing the names, dates of birth, Social Security Numbers, and mailing addresses of the parents and the children; the occupation and driver's license number of the parent who is ordered to pay support; the policy number and name of the health insurance provider of the parent who is ordered to insure the children; and, if income withholding is ordered, the name and address of the obligor's employer. When a party or attorney must prepare a formal written judgment or order pursuant to a judicial decision that includes support or health insurance provisions to be administered by the Probation Division, the court shall, on the date of the hearing, record the support and health insurance provisions on a Temporary Support Order using the form prescribed in Appendix XVII of these Rules and shall immediately have such order delivered to the Probation Division so that a support account can be established on the Automated Child Support Enforcement System (ACSES). The Probation Division shall establish a support account on ACSES within eight business days of the date the court order was signed. Demographic information provided on the Temporary Support Order shall be limited to that which is required to establish an ACSES account and send case initiation documents to the parties and the obligor's employer. In addition to the information provided to the court with the final order or judgment as required by this paragraph, the parties and their attorneys shall provide additional family and benefit information at the request of the Probation Division. The Temporary Support Order shall remain in effect until a copy of the final judgment or order is received by the Probation Division. After a judgment or order is entered and the Probation Division has established an ACSES support account, the obligor shall notify the appropriate Probation Division of any change of employer, health insurance provider or address and the obligee shall notify the Probation Division of a change of address or a change in the status of the children as may be required in the order or judgment within 10 days of the change, and any judgment or order that includes alimony or support shall so provide. Failure to provide information as to change of employer, health insurance provider or address shall be considered a violation of the order. Judgments or orders amending the amounts to be paid through the Probation Division shall be treated in the same manner.
(c) Income Withholding. All complaints, notices, pleadings, orders and judgments which include child support filed or entered on or after October 1, 1990 shall comply with the income withholding provisions of Rule 5:7-5.
(d) Notices Applicable to All Orders and Judgments That Include Child Support Provisions. The judgment or order shall include notices stating: (1) that, if support is not paid through immediate income withholding, the child support provisions of an order or judgment are subject to income withholding when a child support arrearage has accrued in an amount equal to or in excess of the amount of support payable for 14 days. The withholding is effective against the obligor's current and future income from all sources authorized by law; (2) that any payment or installment of an order for child support or those portions of an order which are allocated for child support shall be fully enforceable and entitled to full faith and credit and shall be a judgment by operation of law on or after the date it is due; (3) that no payment or installment of an order for child support or those portions of an order that are allocated for child support shall be retroactively modified by the court except for the period during which the party seeking relief has pending an application for modification as provided in N.J.S.A. 2A:17-56.23a; (4) that the occupational, recreational, and professional licenses, including a license to practice law, held or applied for by the obligor may be denied, suspended or revoked if: 1) a child support arrearage accumulates that is equal to or exceeds the amount of child support payable for six months, or 2) the obligor fails to provide health care coverage for the child as ordered by the court within six months, or 3) a warrant for the obligor's arrest has been issued by the court for obligor's failure to pay child support as ordered, or for obligor's failure to appear at a hearing to establish paternity or child support, or for obligor's failure to appear at a child support hearing to enforce a child support order and said warrant remains outstanding; (5) that the driver's license held or applied for by the obligor may be denied, suspended, or revoked if 1) a child support arrearage accumulates that is equal to or exceeds the amount of child support payable for six months, or 2) the obligor fails to provide health care coverage for the child as ordered by the court within six months; and (6) that the driver's license held or applied for by the obligor shall be denied, suspended, or revoked if the court issues a warrant for the obligor's arrest for failure to pay child support as ordered, or for failure to appear at a hearing to establish paternity or child support, or for failure to appear at a child support hearing to enforce a child support order and said warrant remains outstanding..
(e) Additional Notices for Orders and Judgments Payable Through the Probation Division. Orders and judgments payable through the Probation Division shall include notices, in addition to those listed in paragraph (d), stating: (1) that the amount of child support and/or the addition of a health care coverage provision in Title IV-D cases shall be subject to review, at least once every three years, on written request by either party to the Division of Family Development, P.O. Box 716, Trenton, NJ 08625-0716 and adjusted by the court, as appropriate, or upon application to the court; (2) that the parties are required to notify the appropriate Probation Division of any change of employer, address or health care coverage provider within 10 days of the change and that failure to provide such information shall be considered a violation of the order; (3) that, in accordance with N.J.S.A. 2A:34-23b, the custodial parent may require the non-custodial parent's health care coverage provider to make payments directly to the health care provider by submitting a copy of the relevant sections of the order to the insurer; and (4) that Social Security numbers are collected and used in accordance with section 205 of the Social Security Act (42 U.S.C. 405), that disclosure of an individual's Social Security number for Title IV-D purposes is mandatory, that Social Security numbers are used to obtain income, employment and benefit information on individuals through computer matching programs with federal and state agencies, and that such information is used to establish and enforce child support under Title IV-D of the Social Security Act (42 U.S.C. 651 et seq.).
5:7-5. Failure to Pay; Enforcement by the Court or Party; Income Withholding for Child Support; Suspension and Revocation of Licenses for Failure to Support Dependents; Execution of Assets for Child Support; Child Support Judgments and Post-judgment Interest
(a) Contempt and Relief in Aid of Litigant's Rights. If a person fails to make payments or provide health insurance coverage as directed by an order or judgment, the Probation Division responsible for monitoring and enforcing compliance shall notify such person by mail that such failure may result in the institution of contempt proceedings. Upon the accumulation of a support arrearage equal to or in excess of the amount of support payable for 14 days or failure to provide health insurance coverage as ordered, the Probation Division shall file a verified statement setting forth the facts establishing disobedience of the order or judgment. The court in the county in which the person against whom the award is made resides, unless another court is designated by order or Rule 5:7-6(a) otherwise provides, may then, in its discretion, institute contempt proceedings in accordance with Rule 1:10-2, and an aggrieved party, or the Probation Division on that person's behalf, may apply to the court for relief in accordance with Rule 1:10-3. If the aggrieved party states under oath in the application that he or she is indigent and unable to pay the required filing fees, the court, if satisfied of the fact of indigency, may waive the payment of such fees. If the application for relief is made on behalf of a party by the Probation Division, filing fees shall be waived, and may, in the discretion of the court, subsequently be assessed against the adverse party if it is determined that he or she has not complied with the order or judgment being enforced. For past-due alimony or child support payments that have not been docketed as a civil money judgment with the Clerk of the Superior Court, the court may, on its own motion or on motion by the party bringing the enforcement action, assess a late interest charge against the adverse party at the rate prescribed by Rule 4:42-11(a). For past-due child support payments that have been docketed as a civil money judgment, see paragraph g of this Rule.
(b) Immediate Income Withholding. All orders that include child support shall be paid through immediate income withholding from the obligor's current and future income unless the parties agree, in writing, to an alternative arrangement or either party shows, and the court finds, good cause for an alternative arrangement. If included in the same order as child support, the court may, in its discretion, garnish a separate amount for alimony, maintenance or spousal support in accordance with N.J.S.A. 2A:17-50 et seq. and include such amount in the immediate income withholding order.
(1) Application. Immediate income withholding applies to all orders which include child support that are established or modified on or after October 1, 1990.
(2) Procedure. If an order or judgment contains a child support provision, the child support shall be paid through immediate income withholding, and the withholding may include amounts for alimony, maintenance or spousal support, unless the parties agree, in writing, to an alternative arrangement or either party shows and the court finds good cause for an alternative arrangement. The court shall forward the order to the Probation Division which shall prepare and send a Notice to Payor of Income Withholding to the obligor's employer or other source of income.
(3) Advance Notice. Every complaint, notice or pleading for the entry or modification of a child support order shall include the following written notice: In accordance with N.J.S.A. 2A:17-56.7 et seq., the child support provisions of a court order are subject to income withholding on the effective date of the order unless the parties agree, in writing, to an alternative arrangement or either party shows and the court finds good cause to establish an alternative arrangement. The income withholding is effective upon all types of income including wages from current and future employment.
(c) Initiated Income Withholding. When any child support order that is not subject to immediate income withholding in accordance with paragraph (b) has an accumulated arrearage equal to or exceeding the amount of support payable for 14 days, the Probation Division supervising the support order shall initiate an income withholding against the obligor's current and future income that is subject to income withholding.
(1) Application. Initiated income withholding applies to all orders which include child support (a) that are entered prior to October 1, 1990, (b) that are entered or modified after October 1, 1990 which do not include a provision for immediate income withholding or (c) in which the parties have agreed, in writing, to an alternative arrangement and an arrearage equal to or in excess of the amount of support payable for 14 days exists. Initiated income withholding does not apply to alimony, maintenance or spousal support provisions.
(2) Procedure. When any order that includes child support is in default in an amount equal to or in excess of the amount of support payable for 14 days, the Probation Division of the County responsible for monitoring and enforcing compliance with the order or judgment shall initiate an income withholding against any of the obligor's income that is subject to income withholding. The Probation Division shall send, by regular mail, a Notice to Obligor of Income Withholding to the obligor's last known address. This notice shall be postmarked no later than 10 days after the date on which the case was identified as having the requisite 14-day arrearage and shall be mailed at the same time as the notice to the payor. The notice shall inform the obligor of the amounts withheld for current support and for the liquidation of arrearages and state that the withholding has commenced. An obligor may contest the withholding only on the basis of mistake of fact. If an obligor objects to the withholding, the Probation Division shall schedule a hearing or administrative review within 20 days after receiving notice of the contest of the withholding. Payment of arrearages after the due date shall not constitute good cause to terminate the withholding. No later than five days after the hearing or administrative review, the Probation Division shall notify the obligor, in writing, whether the withholding shall continue.
(3) Advance Notice. All orders that include child support and that are not subject to immediate income withholding as described in paragraph (b) shall include a notice to the obligor stating that: The child support provisions of a support order are subject to income withholding when a child support arrearage has accrued in an amount equal to or in excess of the amount of support payable for 14 days. The withholding is effective against the obligor's current and future income from all sources authorized by law.
(d) Rules Applicable to All Withholdings. The income withholding shall be binding on the obligor's employer or other source of income and successive payors of the obligor's income immediately after service of the Notice to Payor of Income Withholding upon the payor of such income. An employer or other source of income is not required to alter normal pay cycles to comply with the withholding but shall withhold and forward the required amount beginning with the first pay period that ends immediately after the notice is postmarked and each time the obligor is paid thereafter. The Notice to Payor of Income Withholding shall state that the payor of the obligor's income, except for the Division of Unemployment and Temporary Disability, may deduct a fee of $1.00 for each payment. Such fee shall be deducted from the obligor's income in addition to the amount withheld for child support. The total amount of the withholding shall not exceed the maximum amount permitted under section 303(b) of the federal Consumer Credit Protection Act (15 U.S.C. 1673(b)). If the court modifies any support order based upon changed circumstances, the Probation Division shall notify the payor to change the income withholding accordingly. When the Probation Division is unable to locate the obligor's current employer or other source of income to effectuate an income withholding, it may use any other procedures authorized by law to obtain this information. An income withholding for child support shall have priority over all other legal processes under State law without regard to the date of entry. If the obligor has more than one support order subject to withholding, the employer or other source of income shall withhold the payments on a pro-rata basis. The income withholding shall remain in effect until such time as the court enters an order to the contrary and the Probation Division delivers a Notice of Termination of Income Withholding to the employer or other source of income. An employer may not use an income withholding as a basis for discharge, discipline or discrimination in hiring. An aggrieved obligor may institute court action against the employer or other source of income as set forth in N.J.S.A. 2A:17-56.12. If the obligor's source of income fails to comply with a Notice to Payor of Income Withholding, it is liable for amounts that should have been withheld. The employer or other source of income shall notify the Probation Division promptly upon termination of the obligor's employment. If an employer or other source of income fails to comply with the terms of the income withholding or any withholding provision in this paragraph, the court may, upon application of the Probation Division, issue an Order to Show Cause for Contempt against the payor and proceed with contempt proceedings under Rule 1:10-3. The forms and notices required herein shall be prescribed by the Administrative Director of the Courts.
(e) Suspension and Revocation of Licenses for Failure to Support Dependents. (Professional license ex. - Doctor, CPA, Landscaper, Plumber)
(1) General Provisions. If a child support arrearage equals or exceeds the amount of child support payable for six months, or court-ordered health care coverage for a child is not provided within six months of the date that it is ordered, or the obligor fails to respond to a subpoena relating to a paternity or child support action, or a warrant for the obligor's arrest has been issued by the court due to the failure to pay child support as ordered, failure to appear at a hearing to establish paternity or child support, or failure to appear at a child support hearing to enforce a child support order, and said warrant remains outstanding, and the obligor is found to possess a license in the State of New Jersey, including a license to practice law, and attempts to enforce the support provisions through income withholding, withholding of civil lawsuit awards, and the execution of assets, when available, have been exhausted, the Probation Division shall send a written notice to the obligor, by certified and regular mail, return receipt requested, at the obligor's last-known address or place of business or employment, stating that the obligor's licenses may be revoked or suspended unless, within 30 days of the postmark date of the notice, the obligor pays the full amount of past-due child support, or provides proof that health care coverage for the child has been obtained, or responds to a subpoena, or makes a written request for a court hearing to the Probation Division. If a child support-related warrant exists, the license revocation or suspension will be terminated if the obligor pays the full amount of the child support arrearage, provides proof that health care coverage for the child has been obtained, or surrenders to the county sheriff or the Probation Division. No license revocation action shall be initiated if the Probation Division has received notice that the obligor has pending a motion to modify the child support order if that motion was filed prior to the date that the notice of the license suspension or revocation was sent by the Probation Division. If the court issues a warrant for the obligor's arrest for failure to pay child support as ordered, or for failure to appear at a hearing to establish paternity or child support, or for failure to appear at a child support hearing to enforce a child support order, and said warrant remains outstanding, the Probation Division shall immediately notify the Division of Motor Vehicles of the warrant and the requirement to suspend the obligor's driving privileges pursuant to N.J.S.A. 2A:17-56.41.
(2) Suspension by Default of the Obligor. If, after receiving notice of a proposed license suspension or revocation, the obligor fails to take one of the actions specified in paragraph (e)(1) of this Rule, the Probation Division shall provide the court with a certification setting forth the obligor's non-compliance and failure to respond to the written notice of the pending license revocation or suspension as well as proof of service of the written notice of license suspension or denial. If, based on the papers filed by the Probation Division, the court is satisfied that service on the obligor was effective as set forth below, it shall, without need for further due process or hearing, enter an order suspending or revoking all licenses held by the obligor except that if the obligor is an attorney licensed to practice law in New Jersey, the order shall notify the Supreme Court to suspend the obligor's license to practice law.
(3) Service of the Notice of Proposed License Suspension or Revocation. For the purpose of license suspensions or revocations initiated in accordance with this paragraph, simultaneous certified and regular mailing of the written notice shall constitute effective service. The court may deem procedural due process requirements for notice and service of process to be met with respect to a party thereto upon delivery of written notice to the most recent residential or employer address filed with the Probation Division for that party. If a party fails to respond to a notice and no proof is available that the party received the notice, the Probation Division shall document to the court that it has made a diligent effort to locate the party by making inquiries that may include, but are not limited to: the United States Postal Service, the Division of Motor Vehicles in the Department of Transportation, the Division of Taxation in the Department of the Treasury, the Department of Corrections, and the Department of Labor. The Probation Division shall provide an affidavit to the court presenting such documentation of its diligent effort, which certifies its inability to locate the party. If the United States Postal Service returns the mail to the Probation Division within the 30-day response period marked "moved, unable to forward," "addressee not known," "no such number/street," "insufficient address," or "forwarding order expired," the court may deem procedural due process requirements for notice and service of process to be met upon a finding that the Probation Division has provided the affidavit documenting the diligent effort to locate the party. If the certified mail is returned for any other reason without the return of the regular mail, the regular mail service shall constitute effective service. If the mail is addressed to the obligor at the obligor's place of business or employment, with postal instructions to deliver to the addressee only, service will be deemed effective only if the signature on the return receipt appears to be that of the obligor. Acceptance of certified mail notice signed by the obligor, the obligor's attorney, or a competent member of the obligor's household above the age of 14 shall be deemed effective service.
(4) License Suspension or Revocation Hearings. If the obligor requests a hearing, the Probation Division shall file a petition for a court hearing, which shall occur within 45 days of the obligor's request. If, at or prior to the hearing, the obligor pays the full amount of the child support arrearage or provides proof that health care coverage for the child has been obtained or responds to the subpoena or surrenders to the county sheriff or the Probation Division, the license revocation process shall be terminated. The court shall suspend or revoke the obligor's licenses (if the obligor is an attorney licensed to practice law in New Jersey, the order shall notify the Supreme Court to suspend the obligor's license to practice law) if it finds that: (a) all appropriate enforcement methods have been exhausted, (b) the obligor is the holder of a license, (c) the requisite child support arrearage amount exists or health care coverage for the child has not been provided as ordered, (d) no motion to modify the child support order, filed prior to the date that the notice of the license suspension or revocation was sent by the Probation Division, is pending before the court, and (e) there is no equitable reason, such as involuntary unemployment, disability, or compliance with a court-ordered plan for the periodic payment of the child support arrearage amount, for the obligor's non-compliance with the child support order. If the court is satisfied that these conditions exist, it shall first consider suspending or revoking the obligor's driver's license prior to a professional or occupational license. If the obligor fails to appear at the hearing after being properly served with notice, the court shall order the suspension or revocation of all licenses held by the obligor except that if the obligor is an attorney licensed to practice law in New Jersey, the order shall notify the Supreme Court to suspend the obligor's license to practice law. In the case of a driver's license, if the court finds that the license revocation or suspension will result in a significant hardship to the obligor, to the obligor's legal dependents under 18 years of age living in the obligor's household, to the obligor's employees, or to persons, businesses, or entities to whom the obligor provides goods or services, the court may allow the obligor to pay 25% of the past-due child support amount within three working days of the hearing, establish a payment schedule to satisfy the remainder of the arrearages within one year, and require that the obligor comply with any current child support obligation. If the obligor agrees to this arrangement, no suspension or revocation of any licenses shall be ordered. Compliance with the payment agreement shall be monitored by the Probation Division. If the obligor has good cause for not complying with the payment agreement within the time permitted, the obligor shall immediately file a motion with the court and the Probation Division requesting an extension of the payment plan. The court may extend the payment plan if it is satisfied that the obligor has made a good faith effort to comply with the plan and is unable to satisfy the full amount of past-due support within the time permitted due to circumstances beyond the obligor's control. In no case shall a payment plan extend beyond the date that the dependent child reaches the age of 18. If the obligor fails to comply with the court-ordered payment schedule, the court shall, upon receipt of a certification of non-compliance from the Probation Division, and without further hearing, order the immediate revocation or suspension of all licenses held by the obligor. If the obligor is an attorney licensed to practice law in New Jersey, the order shall notify the Supreme Court to suspend the obligor's license to practice law. If required by existing law or regulation, the court shall order that the obligor surrender the license to the issuing authority within 30 days of the date of the order.
(5) Transmittal of Order Suspending or Revoking License. If the court issues an order suspending or revoking a license pursuant to paragraph (e) of this Rule, the Probation Division shall forward a copy of the order to the obligor and all appropriate licensing authorities. If the order notifies the Supreme Court to suspend a license to practice law in New Jersey, the Probation Division shall forward the order to the Clerk of the Supreme Court and a copy to the Director of the Office of Attorney Ethics. The suspension of a license to practice law in the State of New Jersey pursuant to paragraph (e) of this Rule, shall be governed by R. 1:20-11A.
(6) Relief From Suspension or Revocation Due to Mistaken Identity. If the licensee, upon receipt of the notice of suspension or revocation from the licensing authority, disputes that he or she is the obligor, the licensee shall notify the licensing authority and the Probation Division by registered mail within 20 days of the postmark date of the notice and request a hearing. Upon receipt of the licensee's request for a hearing, the Probation Division shall determine if the licensee is the obligor. If the Probation Division determines that the licensee is not the obligor, the Probation Division shall so notify the licensee and the licensing authority. If the Probation Division determines that the licensee is the obligor and the licensee still disputes this finding, the Probation Division shall file a petition for a court hearing to resolve the issue. The hearing shall be held within 30 days of the date that the Probation Division determines that a hearing is required. If a hearing is held to determine if the licensee is the obligor, the Probation Division shall notify the licensing authority of the court's finding.
(7) Term of Suspension/Restoration of License. A license suspension or revocation ordered by the court remains in effect until the obligor files with the licensing authority either a court order restoring the license or a Probation Division certification attesting to the full satisfaction of the child support arrearage. Within three working days of the full payment of the child support arrearage, the Probation Division shall provide the court with a certification stating that the obligor has satisfied the past-due child support amount. Upon receipt of the certification, the court shall issue an order restoring the obligor's licenses. The Probation Division shall immediately forward the restoration order or certification to the obligor. The obligor is responsible for filing the court order or Probation certification with the licensing authority. If a license to practice law in New Jersey was suspended by the Supreme Court pursuant to R. 1:20-11A, the attorney shall forward the Chancery Division, Family Part order that recommends the restoration of the license to the Clerk of the Supreme Court and a copy of the order to the Director of the Office of Attorney Ethics. The reinstatement of a license to practice law in New Jersey shall be governed by R. 1:20-11A. When the court issues an order to vacate a child support-related warrant or local law enforcement authorities execute the warrant, the Probation Division shall send a certification or the court's order to the obligor and to the Division of Motor Vehicles indicating that the child support-related warrant is no longer effective. The Division of Motor Vehicles, upon receipt of the order or certification, may reinstate the obligor's driving privileges, provided that the obligor pays the Division's restoration fee.
(f) Execution on Assets to Collect Alimony and Child Support. If an order is issued pursuant to R. 4:59-1(b) authorizing the Probation Division to execute on cash or cash-equivalent assets as defined therein to collect alimony and child support judgments payable through the Probation Division, the Probation Division may assist judgment creditors by preparing the writ of execution, serving the writ on the holder of the debtor's asset by registered or certified mail, and scheduling the matter before the court to obtain an order to turn over funds. Service of the writ shall freeze the asset for the amount of the judgment, but no turnover of funds shall be made or required to be made until ordered by the court. The writ of execution shall be signed by the judgment creditor or the attorney for the judgment creditor and may, subject to the limitations of this rule, be issued by the Vicinage Chief Probation Officer acting as deputy clerk of the Superior Court pursuant to R. 4:59-1(b). The Probation Division shall mail a notice to the debtor as required by R. 4:59-1(g) immediately after the writ has been served on the holder of the asset. The Probation Division shall send a copy of all writs of execution issued pursuant to R. 4:59-1(b) to the Family Division Case Management Office. No costs or fees shall be assessed by the Probation Division for aiding in the execution of a judgment for alimony or child support. With respect to assets other than cash or cash-equivalents as defined in R. 4:59-1(b), the Probation Division may assist the judgment creditor in preparing the writ of execution and such other forms relating to the execution as may be required, and in referring the judgment creditor to the sheriff of the county where the asset is located.
(g) Child Support Judgments and Post-judgment Interest. In accordance with N.J.S.A. 2A:17-56.23a, past-due child support payments are a judgment by operation of law on or after the date due and are subject to post-judgment interest at the rates prescribed in Rule 4:42-11 at the time of satisfaction or execution. Past-due child support payable through the Probation Division shall be automatically docketed as civil judgments with the Clerk of the Superior Court on the first day of the month following the date the payment was due. The Probation Division may, with the authorization of a child support judgment creditor, assist that party in calculating post-judgment interest in accordance with Rule 4:42-11 at the time an offer of satisfaction is tendered or an execution of assets is initiated. For child support that is not payable through the Probation Division, the obligee shall file a motion with the court asking that the amount of past-due child support be fixed and that a judgment be entered for that amount. The obligee shall be responsible for filing the judgment with the Clerk of the Superior Court. Alternatively, the obligee may procure a judgment by filing an application with the Probation Division requesting that past-due and future child support payments be made through that office in accordance with Rule 5:7-4(b).
5:7-6. Consolidated Enforcement and Modification Proceedings
(a) Where an order or judgment requires payment of support or alimony through a probation office in a county other than the county of venue and where motions are pending both for modification and enforcement of the order or judgment, all such motions shall be heard in the county of venue. Prior to such hearing, the amount of arrearages shall be fixed in the county where payments are required to be made either by certification of the probation office or, if its certification is contested, by the court in that county. Where motions are pending both for modification and enforcement, a certification of arrears shall be forwarded by the probation office to the court of original venue seven (7) days prior to the return date.
(b) Where any judgment requires payment through a probation office, all motions for modification or enforcement shall be served by both regular and certified mail upon the probation office in that county as if it were a party to the action.
5:7-7. Delay in Prosecution: Order to Proceed
In divorce and nullity actions, a party either resisting an order of dismissal pursuant to R. 1:13-7 or seeking an order to proceed after such dismissal shall file an affidavit stating the reason for the delay, the relations of the parties toward each other since the commencement of the action, and any agreements or understandings between them.
5:7-8. Bifurcation
Bifurcation of trial of the marital dissolution or custody dispute from trial of disputes over support and equitable distribution shall be permitted only with the approval of the Family Presiding Judge, which approval shall be granted only in extraordinary circumstances and for good cause shown. To file motions your attorney will need copies of all prior orders.
The following is a portion of the additional information your attorney will The above information is a brief outline of work an experienced attorney can do for you. Always schedule an in- office consultation whenever an important legal matter arises.

WILLS, PROBATE AND ELDER LAW- Adult and Community Education

WILLS, PROBATE AND ELDER LAW- Adult and Community Education
WHEN: Tuesday April 8, 2008 7 - 8:30 P.M.
You don’t have to be wealthy or near death to do some thinking about a will. Here is your opportunity to listen to an experienced attorney who will discuss how to distribute your property as you wish and avoid many rigid provisions of the state law. Topics covered by author of “Answer to questions about Probate” will include: Wills, revocable trusts, irrevocable trusts, power of attorney, living will, long term care insurance, reverse mortgage, plus the opportunity to ask questions.
Instructor: Kenneth Vercammen, Esq. of Edison
(Co-Author- NJ Elder Law & Probate)

COMPLIMENTARY MATERIAL: Brochures on Wills, "Probate and Administration of an Estate", Power of Attorney, Living Wills, Real Estate Sales for Seniors, and Trusts.
Here is your opportunity to listen to an experienced attorney who will answer questions how to distribute your property and avoid many rigid provisions of state law. For more information on Elder law, visit the Website www.centraljerseyelderlaw.com. You can also subscribe to the free email Elder Law newsletter by visiting the website, or sending an email to Kenv@njlaws.com.

East Brunswick Adult & Community Education Program
East Brunswick HIGH SCHOOL, Cranbury Rd
Course # SPS ....... Fee: $29
Tues. 7:00–9:00 pm ........ 1 session: 4/8

$ 29.00 registration fee required by adult school for all others. Call the Adult Education Office for registration information 732- 613-6989
http://www.ebnet.org/Community_Programs/downloads/Spring_2008_Web.pdf
Please make checks payable to Adult and Community Education and mail to:
Director, East Brunswick Adult and Community Education,
EBHS, 380 Cranbury Road, East Brunswick, NJ 08816-3095.

About the Speaker: Kenneth Vercammen is an Elder Law and Litigation Attorney in Edison, NJ. He often lectures for the American Bar Association and New Jersey State Bar Association on Elder Law, personal injury, and criminal / municipal court matters. He has published 125 articles in national and New Jersey publications on legal topics. He speaks as a volunteer on Wills and Elder law to Adult Community Schools and non profit groups including Edison, Metuchen, Woodbridge, East Brunswick, North Brunswick, South Brunswick, Piscataway, Sayreville, Old Bridge, Spotswood and Perth Amboy Seniors. He has established New Jersey's most popular Elder law website on the Internet to provide information on Probate, Elder Law and Traffic matters located at www.centraljerseyelderlaw.com.

Middlesex County Bar Association 3rd Annual Awards Dinner

Middlesex County Bar Association 3rd Annual Awards Dinner
On March 19, 2008, the Middlesex County Bar Association will hold its third annual awards dinner at Sunny Palace Restaurant on Route 18 South in East Brunswick. Awards will be given to bar members in the following areas: Pro Bono; Non-Litigation; Civil Trial Practice; Criminal Trial Practice; and Municipal Court Practice.

The guest speaker will be Hon. Travis L. Francis, AJSC.
The MCBA will pay tribute to these bar members for their significant contributions to their respective practice areas.
The following awards will be given:

-Pro Bono Attorney-of-the Year Henry Gurshman
-Civil Trial Practitioner-of-the-Year John Gorman
-Criminal Trial Attorney-of-the-Year Jim Nolan & Nicole Albert
-Municipal Court Practitioner-of-the-Year Kenneth Vercammen
-Young Lawyer of the Year Kimberly Yonta Aronow
-Transactional Attorney of the Year Michael Schaff

The purpose of the Awards is to recognize attorneys practicing in Middlesex County and adjacent municipalities who devote a significant portion of their law practice to their respective practice areas and exhibit one or more of the following:

- Leadership in the potential candidate’s field of practice;
- Significant, tangible contributions to the Bar, such as participation in educational panels, Bar committees, etc, pertaining to non-litigation issues;
- Contributions to the community and/or charitable endeavors;
- A record promoting participation and involvement in the MCBA and collegiality within the Association; and
- A reputation for personal and professional integrity.

The evening will commence with a cocktail hour (cash bar) at 6:00 p.m. and dinner will be served at 7:00 p.m. The cost to attend is $35 for MCBA Young Lawyers, $40 for MCBA Members and $45 for all others, in advance.
For additional information, contact the Bar Office at (732) 828-3433, ext. 102.
More details at http://www.mcbalaw.com/cde.cfm?event=186648

Sunny Palace
1069 Route 18 South
East Brunswick, NJ 08816

Elder Care Law 2008 Program

Press Release- Elder Care Law 2008 Program


WHERE: Jack Cooper's Restaurant, Tano Mall, 1199 Amboy Ave., Edison, NJ

WHEN: February 20, 2008
8:30am Hot Buffet Breakfast
9:00am Meeting Starts

Cost: $15.00 Member of Insurance & Financial Advisors $25.00 Non-Member


Sponsor: Middlesex- Somerset Insurance and Financial Advisors



Information? Tom Schreiner, LUTCF, RFC, CSA, FIC
Email: thomas.schreiner@kofc.org or call 908-722-6336
President of Insurance and Financial Advisors of Middlesex, Somerset, and
Union Counties

SPEAKER: Kenneth Vercammen, Esq. of Edison (Co-Author- NJ Wills & Probate)

Main Topics:
1. Wills and the changes to the NJ Probate Law
2. Power of Attorney with new HIPPA provisions
3. 2008 maximum $$$ per month Medicaid recipient
2008 maximum $$$ per month Medicaid spouse
2008 Lump Sum Medicaid recipient allowed to keep
2008 Lump Sum spouse allowed to keep
Five year look back starts when? 4. Question and Answer

COMPLIMENTARY MATERIAL: Brochures on Wills, "Probate and Administration of an Estate", Power of Attorney, Living Wills, Real Estate Sales for Seniors, and Trusts.
Here is your opportunity to listen to an experienced attorney who will answer questions how to distribute your property and avoid many rigid provisions of state law. For more information on Elder law, visit the Website www.CentralJerseyElderLaw.com

About the Speaker: Kenneth Vercammen is an Elder Law and Litigation Attorney in Edison, NJ. He often lectures for the American Bar Association and New Jersey State Bar Association on Elder Law and litigation matters. He has published 125 articles in national and New Jersey publications on legal topics. He speaks as a volunteer on Wills and Elder law to Adult Community Schools and non profit groups including Edison, Metuchen, Woodbridge, East Brunswick, North Brunswick, South Brunswick, Piscataway, Sayreville, Old Bridge, Spotswood and Perth Amboy Seniors. He has established New Jersey's most popular Elder law website on the Internet to provide information on Probate, Elder Law and Traffic matters located at www.njlaws.com