Some people who are wronged are afraid of pursuing their legal claims. Between the expense, time and stress, it makes sense that some are reluctant to file a suit, even if he or she has a good claim. Some people may also have a fear that they may not get a fair trial,...
Year: 2018
Modification of Alimony and Child Support: What is a “Change in Circumstance?”
When couples divorce, the courts first look to see if the parties have an agreement that lists the terms of their post-marital life. Expenses, childcare, and division of assets can all be addressed in these types of agreements. The courts will give great weight to...
Modification of Alimony and Child Support: What is NOT a “Changed Circumstance?”
When a divorce occurs, the parties or the court decide the terms and payments of alimony and child support. Parties can ask a court to modify these terms if need be, for example, if there are changed circumstances. If a child was young at the time alimony and child...
Anti-Bullying Act Applies to Teachers
Schools are a common setting for bullying. It oftentimes takes place between two students, but can be committed by any person against any other person. Any bullying complaints, proceedings, and findings are governed by New Jersey's Anti-Bullying Act (the "Act"),...
Entitled to Working Heat – Warranty of Habitability
After a brutally cold New Jersey winter full of snowstorms, many of us are probably grateful for the heat we had in our homes - that is, if it was working. Problems with heat or other utilities in a rental home or apartment in the past likely led you to contact your...
Good Reasons to Overturn a Written Promise – Part 1
Undue Influence in Drafting a WillOne popular reason a will or other "testamentary document," which is prepared to distribute assets after a death, could be found invalid is the presence of undue influence. Undue influence involves someone exerting an improper power...
Good Reasons to Overturn a Written Promise – Part 2
Unenforceable Postnuptial AgreementsCertain contracts govern how assets are distributed in a divorce. Many believe that prenuptial (made before the parties marry) and postnuptial (made after the parties marry) agreements are ironclad and will dictate proceedings after...
Creating Contract Language for At-Will Employees
Are you an "at-will employee?" Most are. At-will employment is a relationship between an employer and an employee that gives the employer the right to fire someone without "just cause." As long as the reasons are not illegal, an employer can fire an employee for any...
Every Dog Gets One Bite
There is a common phrase - every dog has his day. Many know it to mean that everyone gets their chance. Law students and lawyers know it refers to a well-known legal idea, that every dog gets one bite. It means that liability does not attach to someone whose dog has...
Computer Crimes by an Employee
The decision to hire an employee doesn't usually involve a consideration of whether the employer-employee relationship might deteriorate in the future. Much like an engagement to be married, people tend to focus on the expected benefits, not the potential pitfalls....