This is an occasional look at highlights and excerpts from the blogs of New Jersey State Bar Association members.
Editor’s note: These excerpts are informational. The opinions of the bloggers do not necessarily reflect the position of the New Jersey State Bar Association.
Be mindful of the next time you click that ‘send’ button when emailing your adversary. Although normally treated as informal and conversational, emails can be extremely detrimental to your case if you are careless when drafting the communications. With the ever-expanding computer-based world, it has become commonplace to negotiate deals via email exchanges. Further, due to the ease and lightning-fast response time afforded by email communication, the likelihood for error and the failure to take the time necessary to truly consider the ramifications of your response become far more probable. Such considerations are particularly relevant and crucial in the entertainment, arts, and sports law communities, as our practice is often comprised of transactional work.
Post-Divorce Cohabitation and Alimony
By John S. Eory
On September 6, 2012, the Appellate Division of the New Jersey Superior Court issued an opinion on the thorny subject of a former spouse’s right to continue receiving alimony if he/she is cohabiting with a person outside of marriage.
Gould v. Gould, the parties were married in 1995, had three children and divorced in 2009. Under the terms of their divorce settlement, Mr. Gould agreed to pay alimony until 2019. The Agreement stated that Mr. Gould would be permitted to seek a cessation of alimony if Ms. Gould cohabitated with someone else. Ms. Gould acknowledged that she had been seeing another man, identified only as M.J., since 2008, a year before the divorce became final.
In January 2011, Mr. Gould made an application to modify or terminate his alimony obligation based on Ms. Gould’s alleged cohabitation with M.J. … Although Ms. Gould acknowledged her romantic relationship and admitted that M.J helped with the children and went on vacation with them, she stated that M.J. only kept his clothes at her house so he could change after using the exercise equipment. She further stated that they did not share finances, that M.J. did not help pay her bills and that they were not in a “marital-type relationship.”
Inheritance and the Importance of Creating a Special Needs Trust
By Tishya M. Signorelli
An inheritance left to a person with special needs must be distributed to a special needs trust to avoid jeopardizing such person’s government benefits. A special needs trust can be created during one’s lifetime or through a person’s will upon death. If a special needs trust is not properly established, this creates a myriad of problems, which could have easily been avoided. …
Personal Injury Lawsuit throws a Curveball at New Jersey Youth Baseball Player
By Patrick McNamara
A Manchester Township woman who was hit in the face by an errant baseball is seeking $500,000 in personal injuries and damages from the Little League player who threw the ball. Although the
New Jersey lawsuit
may sound frivolous, it highlights the liability risks faced by youth sports organizations and municipalities. …
While this lawsuit is hopefully an isolated event, it could give rise to a new breed of injury claims by spectators. …
With this in mind, it is imperative for youth sports programs and municipalities to review their insurance policies. While local leagues are required to carry accident insurance, most policies only cover players and coaches and may not extend coverage to spectators. In addition, if there are any signs at baseball fields, they generally only warn about the risk of foul balls and do not include overthrown balls.
Is a Reverse Mortgage Right for Most Seniors?
By Lawrence Friedman
Reverse mortgages often are marketed as a way for seniors to get extra cash. While they can be a godsend to some, they also come with negatives. Reverse mortgages are available only to homeowners age 62 or above with significant home equity. Thus, a senior isn’t likely to qualify for a reverse mortgage if the home already is subject to substantial mortgage debt. On the other hand, a valuable home with little or no mortgage debt can be a good candidate for a reverse mortgage.
Is a reverse mortgage the panacea that some ads portray? Obviously, not, but it can be a good option for older homeowners who need cash but don’t want to have to repay debt while still living in the home. Because a reverse mortgage is a legal arrangement involving most folks’ primary asset, you should consult an elder law attorney before entering into a reverse mortgage.