The Termination of Child Support Law—Benefit or Burden?

Posted in Divorce

It is a common misconception that children automatically emancipate upon reaching the age of eighteen in New Jersey. In reality, there is no specific age when a child emancipates and child support payments terminate.

In fact, New Jersey law is clear that such findings are always fact-sensitive based on the circumstances of each case.

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Mandatory Post-ESP Mediation

Posted in Divorce

If your case does not settle at Early Settlement Panel, you are required to attend a mediation session with a mediator, either from the approved list of mediators or any other mediator. If you choose a mediator from the approved list, the first two hours are free. The first hour is used by the mediator to read and analyze the issues in your case from your attorney’s submission, and the second hour is an in-person meeting with both parties and the mediator. Anything beyond two hours is paid for by the parties.

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Should You Appeal Your Added Assessment Tax Bill?

Posted in Real Estate Tax Appeals

What Landlords and Tenants Should Do Before and After the December 1st Appeal Deadline

If the commercial property you own or rent has had recent construction and the Certificate of Occupancy (CO) was issued, it is likely the municipal assessor tacked on an added assessment to its regular assessment. It is also possible you may have received a tax bill for an omitted assessment, which has a similar deadline of December 1st.

While you may be already reeling from paying the non-residential development fee at the time of CO, as a taxpaying landlord or tenant, you should not shrug off the additional tax burden without giving thought to whether a formal or informal appeal of the added or omitted assessment should be made. As the December 1st deadline is rapidly approaching, now is a very apt time to consider whether the property is over-assessed and if you are paying too much in taxes.

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The Human Village Brewing Company Craft Brewery Opening Soon in Pitman, NJ

Posted in Beer & Spirits

Congratulations to The Human Village Brewing Company, which opens on November 18th in Pitman, New Jersey.

The Human Village Brewing Co. began as “the shared vision of Emily Barnes and Megan Myers,” who began brewing their own beers as a hobby until it grew into its own company. Ms. Barnes has a background in chemical engineering, while Ms. Myers has a background in research and international studies. The brewery will have a “strong concentration in European styles” while still hoping to “emulate traditional brewing styles.”

To make reservations to the Grand Opening on November 18th, click here. To learn more about Human Village, please click here.

Marshall T. Kizner, member of the Stark & Stark Beer & Spirits Group, represents the brewery. Mr. Kizner focuses on assisting breweries, wineries, and distilleries in state and federal licensing, equipment leasing, financing, and employment matters. Additionally, he also has experience in commercial litigation.

The Stark & Stark Beer & Spirits practice is one of the only practices in New Jersey and Pennsylvania of its kind with a team dedicated to the needs of the craft and artisan spirits industry.

The Eight & Sand Beer Co. Opening in New Jersey

Posted in Beer & Spirits

Congratulations to The Eight & Sand Beer Co., which opened this month in Woodbury, New Jersey.

The Eight & Sand Beer Co. was started by two friends to “build a more sustainable brewery” by using “environmentally friendly steam rather than direct fire burners to heat [their] 10 barrel brewhouse.” Eight & Sand plans to feature “rotating taps in [their] tasting room, providing a different experience for every visit.”

The Eight & Sand Beer Co. is now open, and has Tasting Room Hours on Thursday through Sunday. To learn more about the Eight & Sand, please click here.

Marshall T. Kizner, member of the Stark & Stark Beer & Spirits Group, represents the brewery. Mr. Kizner focuses on assisting breweries, wineries, and distilleries in state and federal licensing, equipment leasing, financing, and employment matters. Additionally, he also has experience in commercial litigation.

The Stark & Stark Beer & Spirits practice is one of the only practices in New Jersey and Pennsylvania of its kind with a team dedicated to the needs of the craft and artisan spirits industry.

Foreclosures—New Jersey Recovery Still Slow

Posted in Community Associations

According to a September report from RealtyTrac, nationwide foreclosure rates have dropped 24% from a year ago. For the first time since the real estate crisis foreclosure timelines have also decreased. Experts suggest the reduction in timelines is the best indication of a full market recovery because it shows states are clearing the backlog of foreclosures.

Unfortunately this improvement has not carried over to New Jersey which still ranks #2 for the highest foreclosure rates. Continue Reading

Free Seminars Examine the Differences between Collaborative & Litigated Divorce

Posted in Divorce

Stark & Stark Shareholder Maria P. Imbalzano and Associate Corrine E. Cooke will be presenting three upcoming seminars entitled Understanding the Difference between a Collaborative Divorce & a Litigated Divorce. Each seminar will be held on a different time and day but the content will be identical.

The seminar will examine the aspects of collaborative divorce, which is a process wherein both parties agree to resolve their divorce outside of court. Instead, the parties work through all of the issues civilly, constructively, and with an open mind to any alternatives available to settling these issues.

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Amending a Construction Lien Claim

Posted in Litigation

At times, it may become necessary to amend a construction lien claim after if it is initially filed. The relevant statutory authority which addresses this issue is codified by N.J.S.A. 2A:44A-11. In general, this section provides that a lien claim may be amended for any appropriate reason, including but not limited to, correcting inaccuracies in the lien claim or errors in the original form, or revising the amount claimed in the lien claim. Continue Reading

Early Settlement Program (ESP) in Divorce Cases

Posted in Divorce

Due to the inordinate time, expense, and lack of judicial resources available for divorce cases, the New Jersey Courts have implemented settlement alternatives to court proceedings.

One of these is the Early Settlement Program (ESP) which helps parties in a divorce reach a settlement in advance of a distant court date.  Represented by attorneys, the parties appear before two Panelists who are experienced matrimonial attorneys.

ESP Process

  1. Prior to the ESP date, each party’s attorney will deliver to the panelists his/her client’s written settlement position related to financial issues, along with a Case Information Statement.
  2. On the ESP date, the attorneys will meet with the Panelists in a conference room at the Courthouse, argue the positions, and answer any questions from the Panelists.
  3. The Panelists will then discuss the case amongst themselves, arrive at a recommendation for settlement, and share that recommendation with the attorneys and the parties.

The panel result is only a recommendation and does not have to be accepted. However, because it is the opinion of two experienced matrimonial attorneys in the applicable judicial precinct, the recommendation should be carefully considered—after many more months and expense the parties could see the same result in court. Even if the parties do not accept the full recommendation of the ESP panel, they should at least view it as the basis for further negotiation on the remaining outstanding issues.

If you are considering an ESP to settle your divorce case prior to trial, you should seek out experienced legal counsel familiar with the process. You have the right to be represented by an attorney in these proceedings and it is in your best interest to do so. The issues being addressed are sensitive and complex, and they require a comprehensive knowledge and understanding of family law in order to achieve a successful outcome.

Out-of-Work Employees Can Seek Unemployment Compensation Benefits in New Jersey

Posted in Employment

An individual who is out of work in New Jersey may qualify for unemployment insurance benefits through the state government. The State of New Jersey Department of Labor and Workforce Development Unemployment Compensation Office is responsible for processing benefit requests and determining whether a former employee is eligible to receive benefits.

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