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NJ & CT News
CONNECTICUT
Alimony Reform Being Tried Again
During the current legislative term, Connecticut lawmakers will be considering proposals to reform the State's alimony award system. The group called Connecticut Alimony Reform is pushing once more for statutory guidelines similar to those that were defeated in the past legislative session. Its proposed formula would calculate the alimony amount awardable by determining the amount representing 30% of the monied spouse's income and subtracting from that an amount equal to 20% of the non-monied spouse's income. Thus, for example, if the husband makes $50,000 per year and the wife earns $20,000, alimony to the wife would be: $15,000 (30% of $50,000) ' $4,000 (20% of $20,000) = $11,000 per year. Those in favor of such a change cite predictability and fairness as its virtues.
“I personally think it's a good idea,” said Edward Jurkeiewicz, a matrimonial lawyer with Lawrence & Jurkiewicz in Avon, CT. “I'd like to see the courts use something similar to child support guidelines, where the courts follow a standard formula. If they are inclined to deviate from the guidelines, then there has to be some sort of explanation.” Others fear that the fairly rigid guidelines would inhibit judges who would normally tailor alimony awards to the parties' particular circumstances.
NEW JERSEY
Constitutionality of Civil Union Law
Lambda Legal, a group that advocates for the rights of gay, lesbian, bisexual and transgender people, has filed a motion in state court seeking a summary judgment declaration that, in light of the U.S. Supreme Court's recent ruling in U.S. v. Windsor, New Jersey's restriction against issuing marriage licenses to same-sex couples is unconstitutional. Windsor held that if a same-sex couple's marriage is recognized by their home state, the federal government must treat them as married when applying the laws of United States. Therefore, these couples are entitled to file joint federal tax returns, receive Social Security survivor benefits, and take advantage of myriad other federal laws and programs that benefit married couples. New Jersey does permit same-sex couples to enter into civil unions, but couples joined through civil union are not covered by the Windsor holding. Therefore, according to the movants' brief in Garden State Equality v. Dow, MER-L-1729-11, “by relegating same-sex couples ' to civil union, the State denies them equal rights and benefits,” and does so “without a rational basis, given its commitment, expressed in both judicial and legislative determinations, to treat same- and different-sex couples equally.”
Changes Sought for Spousal Testimonial Privilege
Senate bill S-2909 seeks to alter the spousal privilege against testimony in criminal cases when the spouse was a witness in the case prior to the marriage, or when he or she handled evidence in a manner that changed it. New Jersey's Evidence Act of 1960 (codified in N.J.S.A. 2A:84A-17 and Evidence Rule 23) permits an accused to prohibit a spouse from testifying against him or her except under limited circumstances, such as when the crime in question was allegedly perpetrated against the testifying spouse.
The case that prompted the proposed law change involved a wife who was not allowed to testify against her husband, who years earlier, before they were married, had allegedly sexually assaulted her sister. Although the woman had been subpoenaed and gave testimony to a grand jury prior to her marriage to the accused, and allegedly laundered clothing that would have contained physical evidence of the sexual assault, the State Supreme Court determined in State v. Mauti, 208 N.J. 519 (2012), that she could not testify in the case.
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CONNECTICUT
Alimony Reform Being Tried Again
During the current legislative term, Connecticut lawmakers will be considering proposals to reform the State's alimony award system. The group called Connecticut Alimony Reform is pushing once more for statutory guidelines similar to those that were defeated in the past legislative session. Its proposed formula would calculate the alimony amount awardable by determining the amount representing 30% of the monied spouse's income and subtracting from that an amount equal to 20% of the non-monied spouse's income. Thus, for example, if the husband makes $50,000 per year and the wife earns $20,000, alimony to the wife would be: $15,000 (30% of $50,000) ' $4,000 (20% of $20,000) = $11,000 per year. Those in favor of such a change cite predictability and fairness as its virtues.
“I personally think it's a good idea,” said Edward Jurkeiewicz, a matrimonial lawyer with Lawrence & Jurkiewicz in Avon, CT. “I'd like to see the courts use something similar to child support guidelines, where the courts follow a standard formula. If they are inclined to deviate from the guidelines, then there has to be some sort of explanation.” Others fear that the fairly rigid guidelines would inhibit judges who would normally tailor alimony awards to the parties' particular circumstances.
NEW JERSEY
Constitutionality of Civil Union Law
Lambda Legal, a group that advocates for the rights of gay, lesbian, bisexual and transgender people, has filed a motion in state court seeking a summary judgment declaration that, in light of the U.S. Supreme Court's recent ruling in U.S. v. Windsor, New Jersey's restriction against issuing marriage licenses to same-sex couples is unconstitutional. Windsor held that if a same-sex couple's marriage is recognized by their home state, the federal government must treat them as married when applying the laws of United States. Therefore, these couples are entitled to file joint federal tax returns, receive Social Security survivor benefits, and take advantage of myriad other federal laws and programs that benefit married couples. New Jersey does permit same-sex couples to enter into civil unions, but couples joined through civil union are not covered by the Windsor holding. Therefore, according to the movants' brief in Garden State Equality v. Dow, MER-L-1729-11, “by relegating same-sex couples ' to civil union, the State denies them equal rights and benefits,” and does so “without a rational basis, given its commitment, expressed in both judicial and legislative determinations, to treat same- and different-sex couples equally.”
Changes Sought for Spousal Testimonial Privilege
Senate bill S-2909 seeks to alter the spousal privilege against testimony in criminal cases when the spouse was a witness in the case prior to the marriage, or when he or she handled evidence in a manner that changed it. New Jersey's Evidence Act of 1960 (codified in
The case that prompted the proposed law change involved a wife who was not allowed to testify against her husband, who years earlier, before they were married, had allegedly sexually assaulted her sister. Although the woman had been subpoenaed and gave testimony to a grand jury prior to her marriage to the accused, and allegedly laundered clothing that would have contained physical evidence of the sexual assault, the State Supreme Court determined in
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Major Differences In UK, U.S. Copyright Laws
This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.
The Article 8 Opt In
The Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.
Strategy vs. Tactics: Two Sides of a Difficult Coin
With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.
Legal Possession: What Does It Mean?
Possession of real property is a matter of physical fact. Having the right or legal entitlement to possession is not "possession," possession is "the fact of having or holding property in one's power." That power means having physical dominion and control over the property.
The Stranger to the Deed Rule
In 1987, a unanimous Court of Appeals reaffirmed the vitality of the "stranger to the deed" rule, which holds that if a grantor executes a deed to a grantee purporting to create an easement in a third party, the easement is invalid. Daniello v. Wagner, decided by the Second Department on November 29th, makes it clear that not all grantors (or their lawyers) have received the Court of Appeals' message, suggesting that the rule needs re-examination.