Lyons – Associates Your Lighthouse in the Storm 

• Adoption
• Administrative Law
• Appeals
• Business Formation and Litigation
• Child Custody and Child Support Issues
• Criminal Law
• Divorce
• Domestic Violence and Child Abuse Matters
• Elder Law
• Equitable Distribution
• Estate and Wealth Planning
• Family Law and Formation
• Gay, Lesbian, and Same Sex Couples Litigation
• Grandparent Visitation Rights
• Guardianship

New Jersey Administrative Law

Many people are unaware that there is an entirely separate dispute resolution system established by the New Jersey State legislature under the auspices of the New Jersey Office of Administrative Law (OAL). While the OAL is part of the Executive Branch, it has jurisdiction to hear disputes arising from numerous state agencies and state regulatory matters under the New Jersey Administrative Code.

The OAL itself is an independent state agency. The system provides a dispute resolution system that is litigated within the OAL and determined by full-time Administrative Law Judges (ALJs) who are appointed by the Governor. The New Jersey Administrative Code establishes the procedures to create a neutral forum where disputes may be resolved by the parties. N.J.A.C. 1:1-1.

When actions are taken by an agency that result in disputed claims, if the regulations provide, a hearing request may be sent to the agency, the matter is determined to qualify as a contested case, and the matter may be transferred to the OAL for docketing and assignment to an ALJ for resolution.

While it is an administrative hearing presided over by an ALJ, the rules of evidence are relaxed, and the system is slightly more informal than proceedings before Superior Court Judges. Similar to the civil court system, discovery is exchanged (N.J.A.C. 1:1-10.1 through -10.6), subpoenas may be issued to compel the production of information, (N.J.A.C. 1:1-11 through -11.5), and legal or discovery disputes may be resolved by way of motion practice. (N.J.A.C. 1:1-12.1 through -12.7).

Contested cases are conducted as a bench hearing, meaning without a jury. The ALJ sits as a finder of both the facts and the law. At the conclusion of a hearing, the ALJ makes factual findings and decides that matter. The parties may then file exceptions to the ALJ’s decision (N.J.A.C. 1:1-18.4). The matter is then forwarded to the head of the state agency where the ALJ’s decision may be affirmed, reversed, or modified by the agency head.

The final decision of the agency may be appealed to the Appellate Division of the New Jersey Superior Court. If the agency does not issue a determination on the ALJ’s initial decision within 45 days, the ALJ’s decision may then be appealed directly to the Appellate Division of the New Jersey Superior Court. In special education matters, the ALJ’s decision is the final decision from which an appeal may be taken (N.J.A.C. 1:1-18.6).

The types of cases typically heard by the OAL include but are not limited to:

• Appeals from civil service matters, discipline including suspensions, removals, removal from eligibility lists, etc.
• Appeals from pension forfeitures.
• Appeals from actions on professional licensing.
• Actions by the Department of Labor and Workforce Development, including prevailing wage cases and some actions relating to public contracting.
• Special education matters.

The OAL has jurisdiction over a wide variety of other kinds of administrative matters. Cases that are not heard by the OAL include tax appeals, parole matters, Workers’ Compensation, and unemployment compensation cases.

New Jersey Alimony and Spousal Support

The new laws also take into consideration that women take up almost 50 percent of the American workforce, with one-third of them earning the primary income in the family. Armed with this knowledge, our New Jersey divorce lawyers help clients understand the rules that apply to their divorce, alimony, or spousal support claim.

Types of Alimony and Spousal Support

There are several different types of alimony and spousal support that can be awarded based on the couple’s earning capacity and income. The court has latitude when ordering alimony or spousal support as the state of New Jersey has not created a calculator or formula.

Pendente Lite Support: This type of spousal support is meant to temporarily provide financial assistance while the divorce process takes place. Clients may request this type of support or provide it as part of the divorce proceeding to protect from any undue financial hardship. Unlike alimony payments, this type of support is not considered taxable income.

This level of support is often used to provide good faith effort to support the spouse losing the income. We can also move to discontinue this type of support if a lower amount of alimony is due after the divorce is finalized. In short, we ensure that alimony is handled properly because clients could lose money or be taken back to court.

Limited Duration Alimony: This type of alimony is most common in marriages that have lasted less than 20 years. New Jersey’s updated alimony laws dictate that this type of support cannot last longer than the marriage. The alimony settlement can also be adjusted if the financial circumstances of the payer have changed.

The updated laws allow changes to be made as soon as 90 days following unemployment. We have an understanding of how flexible the courts can be, and we will help clients understand how to make these changes. Clients may also request an amendment to the alimony order if an ex-spouse has since remarried, and we can petition to terminate payments if a client has reached the full retirement age of 67.

This type of alimony allows us to make quick changes if a client must alter the agreement. Likewise, it can be frustrating if a client receives too little alimony. We work with the courts to move quickly, obtain the support needed, and help reach an amicable resolution when alimony must change.

Open Durational Alimony: The updated alimony laws in New Jersey put an end to permanent alimony that required a spouse in a long-lasting marriage to pay support to their ex-spouse until death. Now, this type of alimony can be revisited, modified, or ended when the payer reaches retirement age.

The payments can also be modified if the financial situation of the payer changes, specifically in cases of unemployment and disability. Clients may also petition to terminate alimony payments if an ex-spouse has remarried. We know that life can change at any time, and we will ensure clients file the appropriate paperwork. Because alimony is calculated using a range of factors, we will ensure that all factors are revisited.

An ex-spouse may not confirm they remarried in the hopes of double dipping; however, these things are a matter of public record. We can research their marriage license and show that they should no longer receive alimony or spousal support. If a client believes their permanent alimony should not be discontinued, we will show the court that they deserve to be paid in perpetuity. This is an important distinction because permanent alimony settlements reached before the law changed may not need to be altered.

Rehabilitative Alimony: Alimony that is awarded in this category is meant to provide temporary financial support to a spouse that needs to pursue educational or vocational training to increase their earning potential. The goal of rehabilitative alimony is to allow the lower income spouse the opportunity to become financially independent. Even if the spouse remarries during this period, the support may continue because their educational or vocational pursuits have not ended.

If a client believes their ex-spouse is not pursuing the educational or vocational goals that they used in their petition to obtain alimony during the divorce, we will petition to have those payments terminated. If an ex-spouse has reached their educational or vocational goals, a client can discontinue or alter the alimony payments to ensure clients are only paying when necessary. In extreme cases, an ex-spouse may continue to change their mind or alter their educational goals to receive alimony. We will petition to stop alimony payments in these cases.

Reimbursement Alimony: Couples often rely on one spouse to work while the other pursues education or training that will increase their earning potential. In the case of divorce, reimbursement alimony can be awarded to the spouse that provided financial support to their marital partner while they focused on education or training. Payments continue even if the spouse receiving the alimony remarried because the primary goal is repayment of debt. The judge determines how much a client should repay.

Our lawyers will help clients choose the form of alimony they believe is appropriate. Clients may have come to an amicable agreement with an ex-spouse, or they may want to fight their alimony petition because they believe they are being unfair. We have been on both sides of this issue, and we understand how to come to a resolution quickly.

Factors to Consider When Awarding Alimony

In a divorce proceeding, a judge will hear testimony from both spouses then consider factors before settling on an alimony payment. We must also consider the following factors before petitioning for alimony or arguing against what a client believes to be an exorbitant or unfair alimony order:

• Age, as well as physical and emotional health of both spouses.
• Actual need and ability to pay.
• Cost and time allotment for education and training for a dependent spouse.
• Earning potential, education, and income of each party.
• Length of absence from the workforce.
• Length of the marriage.
• Monetary and non-monetary contributions to the marriage.
• Equitable distribution.
• Standard of living during the marriage.
• Tax burden for both spouses.
• Parental responsibilities for childcare.

These factors help the judge understand each situation. Married couples, however, often forget that people outside their marriage cannot understand the dynamics of the relationship. Only the ex-spouses have a clear understanding of who went to school and work and who looked after the children. The standard of living is also difficult to judge based solely on income, and the lifestyle that the children enjoy may be part of the plea for support.

The judge can order any sort of alimony they see fit, but we cannot argue for or against that judgment unless the client tells us everything we need to know. We will not pursue alimony or an adjustment in alimony payments until we have all the facts. We need to know:

• If each spouse had any specific arrangements that were unique to the marriage.
• If each spouse entered into any verbal agreements that concerned a potential divorce.
• If each spouse violated any verbal agreements made during the marriage.
• If each spouse mentioned certain factors in the marriage that would change alimony payments or the decision to grant alimony.

Explaining all sides of the story can help us build a case that allows our clients to pay or receive an appropriate amount of alimony or spousal support. We also work with clients who believe they should have received alimony when it was not awarded during their original divorce proceeding.

When to Consult a Divorce Lawyer

Temporary and long-term alimony can have a significant impact on the lifestyles and futures of both marital partners in the event of a divorce. It is imperative that both spouses consult an experienced divorce lawyer to protect their assets and provide a settlement that is fair. We will investigate each case thoroughly and question the dynamics that led to the divorce. We need to understand why clients believe they deserve alimony or why they should not pay too much. This is not a situation that clients should handle on their own.

We can also help clients create an agreement for temporary spousal support that will aid the ex-spouse as they move on with their life. Clients may not need to pay alimony after the divorce is finalized. Clients should also prepare for any impending life changes that will alter the alimony or spousal support payments.

Do not simply stop making payments because time is up. We will draft the documents necessary to help clients terminate or change payments based on unemployment, retirement, a move, remarriage, or other factors. Our experienced legal team knows how to help divorcing spouses reach alimony settlements that ensure their future income and earning potential are secure. We are committed to helping our clients fully understand the benefits and consequences of their alimony arrangements.

New Jersey Criminal Defense Lawyers

The criminal justice system in the state of New Jersey can be a lonely and confusing place. If you are facing criminal charges, you want to ensure that you have skilled legal representation from a lawyer with experience in criminal justice matters. They will be able to detect flaws in a prosecutor’s case that could lead to a reduced sentence and even an acquittal.

Hiring an experienced criminal defense lawyer as soon as possible will allow them to represent you and be your advocate when you are dealing with both the police and the prosecutor. Our legal team knows the New Jersey court system and will protect you from any legal traps you may encounter and help you achieve the best outcome possible based on the available evidence.

Criminal Law Practice Areas

Our attorneys at Lyons & Associates, P.C. can help you with a variety of criminal matters. If you are facing charges for any of the following offenses, our team will work with you to help you get the most favorable result possible:

• White-collar crimes: Although these crimes do not involve any violent acts against people, they can certainly do their share of damage to others. White collar crimes may involve fraud, computer crimes, stealing money from businesses or other individuals. The more a person is accused of stealing, the greater the loss, the worse their potential prison sentence and fines can be. You will need a lawyer who is on your side who can evaluate the prosecutor’s case, investigate, and identify all defenses and prepare the best possible defense to defeat the charge or mitigate the sentence exposure.
• Insurance fraud and health care fraud investigations and prosecutions: Insurance carriers can be quite aggressive in their audits of health care providers, and this area is highly regulated, so regulatory compliance with the New Jersey Administrative Code and state statutes is critical to prevent problems during an audit.
• Drug charges: These can range from minor offenses to serious crimes. For certain charges, you can find yourself facing significant prison time and even losing your driver’s license. The type of drug of which you are in possession, the quantity found in your possession, whether there is an allegation of distribution, and your intent all play a factor in the charges that you could be facing.
• Juvenile crimes: Although the criminal justice system for minors is different than that for adults, the consequences can also be severe. If your child is charged with a serious crime and they are under 15 years old, they will not face a jury but rather a judge in family court. We can help your child navigate through their legal problem. If the charge is serious enough, a prosecutor could make an application to have our child charged as an adult.
• Sex crimes: Being charged with a sex crime in New Jersey can be a serious matter. If convicted, you could find yourself having to register on Megan’s Law and reporting and even supervision could potentially follow you for the rest of your life. The nature and degree of sex crime that you are found guilty of, or plead guilty to, plays a significant impact on whether you must register as a sex offender and whether you will be placed on parole supervision for life. We will fight vigorously to defeat the charges or work to reduce your charges to limit jail exposure and limit the chances of Megan’s Law following you around for the rest of your life.
• Relief and removal from Megan’s Law and parole supervision for life: Our law provides a second chance for persons who have been convicted of a sex crime and have reporting requirements and/or parole supervision for life. If you are on Megan’s Law, you should consult with an attorney to determine if you qualify for relief from Megan’s Law.
• Parole planning, appeals, revocations and modification of conditions of parole: If you have a family member or friend coming up for parole, you should consult with an experienced parole attorney four to six months before the parole eligibility date. There is no guarantee that an inmate will be released at the time of eligibility. It is critical to have an attorney prepare a proper parole plan and create a compelling record to maximize the inmate’s chances of being released at the time of the parole hearing(s).
• Municipal court offenses: This is where disorderly persons and petty disorderly persons offenses are heard along with motor vehicle offenses. Other common “minor” offenses may include harassment, disorderly conduct, simple assault, bad checks, and thefts under $200.00. While the court system may call such charges “minor”, they are not minor to you, and we treat the defense of all criminal matters as serious. Driving while intoxicated (DWI, DUI) is one of the most serious motor offenses that a person can be charged with, and DWI’s can never be expunged. All municipal court charges should be considered serious, and you should consult with an attorney prior to appearing in court.
• Expungements: The state believes in giving individuals convicted of certain criminal offenses a second chance. It understands how difficult it can be to find a job, secure a loan, or engage in other activities with a criminal record. That is why the state offers the opportunity to expunge or eliminate certain criminal convictions from your record. We can assist you with that process and let you know if you qualify for an expungement.

Our lawyers have experience with a variety of criminal matters, and we want to use that experience to help you with your situation. No matter the size of the case or the severity of the charge, we will help you get through it and vigorously represent you so that we can help secure the best outcome possible.

What Are the Consequences of a Criminal Conviction in New Jersey?

Facing a criminal conviction is serious business in New Jersey. Although the obvious consequences can land you in jail or face a hefty fine or both, there are other long-lasting, and in certain cases permanent, consequences for having a criminal conviction on your record. Those consequences include the following:

• Loss of rights: If you are convicted of a crime, you will be barred from having a Firearms ID Card and will not be permitted to be in possession of a gun. Possession of a firearm after the conviction of a crime or the imposition of a final restraining order gives rise to additional serious charges. Even being accused of domestic violence, it is likely you will have your Firearms ID card and firearms seized, and you may lose your right to own or possess a gun. Even if a gun was not involved in the crime for which you were convicted, you could still lose this constitutional right. A conviction for a crime will bar you from serving on a jury. You could also lose your right to vote. Although New Jersey does not take your voting rights away permanently, you will be prohibited from voting while you are in jail, on probation, or on parole.
• Loss of child custody: If you have children, your time in prison may not be your only time away from them. You could lose custody of them if you are convicted of a crime or face accusations of domestic abuse. You may encounter a divorce or child custody battle years later, and your spouse can use your conviction as an argument for why you should not have custody of your children.
• Inability to find a job or buy a house: Having a criminal conviction on your record can close doors for you in the future. Certain employers will be reluctant to hire a person with a criminal background, and potential employers are allowed to ask about and check your background. In addition, a criminal conviction will label you as a high-risk candidate when it comes to securing a loan to purchase a home. With that designation, it may prove difficult for a bank to lend you money.
• Travel restrictions: While on probation or on parole, your ability to travel outside of the state might be limited. That means if you have any family functions or friends you were planning to visit, you will not be able to do so in the short term. A conviction may preclude you from traveling to other countries.
• Professional license loss or suspension: If you hold a professional license that you maintain for your current job or your career, that license could be in jeopardy after a criminal conviction. Depending on the severity of your conviction, you could face a reprimand, license suspension, license revocation, or disbarment.
• Immigration consequences: If you were not born in the United States or are not a naturalized American citizen, you may be put into deportation proceedings. If you leave the United States, you may be denied re-entry.

Given these ramifications, it is essential that you speak with a criminal lawyer who can fight on your behalf to defeat the criminal prosecution or to reduce the charges you face.

Why Should I Hire a Lawyer for My Case?

A defendant who represents themselves or is pro se will not have the experience or the knowledge to effectively manage a criminal case in New Jersey. That lack of experience or knowledge might mean a person could face greater penalties than they would have with a lawyer on their side.

A criminal lawyer knows the system and the legal process. A lawyer who has worked in a particular area may also know the prosecutor and the judge. These insights could be invaluable to you if you are seeking a plea deal. An attorney will also know how to approach the prosecutor and the judge so that they look as favorably on your case as possible.

In addition, a lawyer receives years of education and training to study the law. They know what to look for in a criminal case and where to find the flaws or the areas where they might be able to take advantage. The burden of proof is on the prosecution, and an experienced lawyer can find any defects or weaknesses in the prosecutor’s case that could turn the entire trial in your favor.

What Are the Levels of Criminal Charges in New Jersey?