The Clarion Volume 9, Issue 1

Somerset County Bar Association March 2018

Somerset County Bar Associa tion Points of Interest:

Pr esident’s Messa ge U.S. Supreme Court Swearing In 9
Lawyer Referral Service Enrollment 11
Thank you all for your unyielding support of the Somerset Membership Renewals 18
County Bar Association. As you all know, we struggled
through a tough year, but I am very happy to report we are
doing nicely thanks to all of our members. Inside this issue:
Although everyone is very busy with work and family com- A Message from the SCBA President
mitments, so many found the time to lend their time, exper- 1
tise, or ideas to making our organization stronger. Some of THE TRUCK REAR-ENDED ME. WHAT’S THE
you gave up your time to assist in relocating our office from RUSH?
By: Edward J. Rebenack, Esq. 2
the courthouse, some of you donated time to help our execu-
Michele D’Onofrio, tive director learn the new and uncharted task of being an ex-
President ecutive director in a virtual office. Others came up with ideas MEDICAL MARIJUANA IN THE WORKPLACE-
RECENT DEVELOPMENTS IN NEW JERSEY
for new events to grow our organization. AND ACROSS THE COUNTRY 7
By: Keya c. Denner, Esq.
We were fortunate to welcome many new members this year as our membership
has more than doubled. Being a member of the Somerset County Bar continues
to provide local opportunity for younger attorneys to meet and network with the WHAT LAW FIRMS NEED TO KNOW ABOUT E-
FILING AND VENDORS 10
bench and more senior members of the bar. As office and work environments By: Amanda Sexton.
become more virtual, they can also become more isolating. Having colleagues
to share opportunities, experiences and knowledge is an intangible yet tremen-
dous benefit to all. TO MARRY AN IMMIGRANT? POSSIBLE FINAN-
CIAL CONSEQUENCES: THE POWER OF PRE-
As I leave the bar in the extremely capable hands of Michael Fedun, Esq. and NUPTIAL AGREEMENTS AND RAMIFICATIONS 15
our wonderful board, I wish to thank everyone for your overwhelming support, OF THE AFFIDAVIT OF SUPPORT
By: Jeralyn Lawrence, Esq. & Raymond Lahoud,
kind words and guidance with a special thank you to Nicole Solarek, our Execu- Esq.
tive Director, who was tenaciously dedicated to making our organization a suc-
cess. The success of this past year would not have been possible without her
Calendar of Events
unyielding determination to solve any problem! 23

Note from the Editors

2018
Thank you to those individuals who contributed articles to the September Platinum Corporate Sponsor
issue of The Clarion and to those featured in this issue.
of the SCBA
Our next issue will be mailed in September, 2018 and we are actively look-
ing for contributions. Please let us hear from you!!

The submission deadline for articles for the September Clarion is July 15th.
Please send them to director@somersetbar.com.

Co - Editor Victoria D. Britton, Esq.

Co - Editor Stacey L. Pilato, Esq.
Co - Editor Amy Wechsler, Esq.
Volume 9 Issue 1 March 2018
To Marry An Immigrant? Possible Financial Consequences: The Power
of the Prenuptial Agreement and Ramifications of the Affidavit of
Support
By: Jeralyn Lawrence, Esq. , Rita Aquilio, Esq., and Raymond Lahoud, Esq. *
John just turned 33. Born in
New Jersey, a college graduate,
and, with a pretty decent profes-
sional job. Bored, John joins
ChristianMingle.com. A few
days later, June from Australia
sends him a direct message. He
responds. She talks about her
life, her dreams, and how much
she loves America. June sends John a picture. Imme-
diately, he falls in love. Hundreds of messages later,
in 1999 John proposes to June. Of course June ac-
cepts; the two marry 48 hours later. June relocates to
the United States, entering as a lawful permanent resi-
dent, with a “green card.” During the green card pro-
cess, John, who is still crazy about June, signs all
kinds of documents, including the petition to sponsor
June and a contract between John and the United
States Government that requires John to prevent June
from becoming a “public charge.” That contract is
Form I-864, Affidavit of Support.
June is granted lawful permanent residence in
2000. Six years later, John is COO of a huge pharma
company earning millions. The prior year, John and
June each caught the other having an affair, and a di-
vorce followed. Without a prenup, John battled for
about a year, but settled with June for a relatively
small amount of money compared to his overall net
worth.
Happy at the end of his marriage to June and
thinking he “got off paying nothing,” John remarried
soon thereafter. June and John did not talk after that.
Proud of her Australian background, June never be-
came a naturalized citizen of the United States. She
did, however, fall in with a “bad crew” and began
committing welfare fraud. In the three years that fol-
Page 15
lowed the divorce, June brought
in over $1,000,000 in SSI,
SNAP, TANF, Housing, Cash,
and Medicaid benefits. The
crew gets busted. June cooper-
ated and got off free of any
charges. The $1,000,000 was
nowhere to be found. A day shy
of June’s tenth anniversary as a
green card holder, John picks up a certified letter. In
it, a bill from the United States government for
$1,500,000 (the $1MM, plus interest). John’s total
net worth is just over $3,000,000. He calls the 800#
on the letter. A person from Arizona answers and
tells him that he is out of luck because he signed a
contract. What contract? The Affidavit of Support.
While the story of John and June is fictitious,
federal, state, and local government enforcement of
the Affidavit of Support can be very real and has in-
tensified in recent years. Spouses and others who sign
the Affidavit of Support for parents, siblings, or even
as joint sponsors for friends, have been held accounta-
ble for hundreds of thousands of dollars in repayments
for benefits the intending immigrant may receive for
10 years. These repayments are often ordered and
judgments are entered after civil litigation. Adding to
the repayments are legal fees, substantial interest and
penalties, and possibly a judgment with the United
States Government as the creditor (similar to a federal
tax lien).
Continued on Page 17
Volume 9 Issue 1 March 2018 Page 16
Volume 9 Issue 1 March 2018 Page 17

TO MARRY AN IMMIGRANT? POSSIBLE FINANCIAL CONSEQUENCES:

THE POWER OF THE PRENUPTIAL AGREEMENT AND RAMIFICATIONS
OF THE AFFIDAVIT OF SUPPORT
By: Jeralyn Lawrence, Esq., Rita Aquilio, Esq., and Raymond Lahoud, Esq *
Continued from Page 15
The Affidavit of Support It is critical in a divorce case to address the
issue when one party may have executed an Affidavit
The Department of
of Support on behalf of a spouse. Most divorce cases
Homeland Security requires
settle when parties execute a Marital Settlement
spouses, parents petitioning
Agreement. Therefore, it is crucial that the Marital
children, children petitioning
Settlement Agreement provides for allocating the
parents, and others petitioning
responsibility of Affidavit-related expenses, debts,
spouses, fiancées, friends, em-
and liens, and determining which party will be re-
ployees, and other immigrants
sponsible for such expenses, post-divorce. Once the
and non-immigrants, to file a form I-864 Affidavit of
parties have agreed upon an allocation, and which
Support in order to enter the United States. It is a
party will be responsible for these expenses, should
contract between the United States Government and
they arise, the responsible party must indemnify and
the United States citizen or lawful permanent resident
hold the other party harmless from any resulting lia-
petitioner.
bility.
When signed, the agreement requires the spon-
While this Agreement between the parties is
sor to financially support the immigrant from the
binding, once executed, it is not binding on the gov-
sponsor’s own resources. It requires the sponsor to
ernment, so if the government seeks to enforce the
reimburse any federal, state, or local agency for any
Affidavit of Support, this may result in more litiga-
“means-based” public benefits that were provided to
tion between the parties.
the immigrant.
Regardless, it is critical to address the finan-
To prove that the sponsor has the financial
cial responsibility of an Affidavit of Support as part
means to support the immigrant, immigration officials
of your divorce settlement. Prior to the marriage, par-
require letters of current employment and federal in-
ties may also address any future financial responsi-
come tax returns for the previous three years. The
bility as a result of the Affidavit as part of a Premari-
sponsor must meet certain income thresholds that are
tal Agreement.
adjusted annually to qualify as a financial sponsor. If
the threshold is a penny short, the immigration pro- Continued on Page 19
cess and family separation is further prolonged, de-
layed, or denied. The term of this agreement is the
Stay current with the SCBA
earlier of 10 Years from the date the person becomes
a permanent resident or the date the immigrant natu- Like us on Facebook!
ralizes (becomes a United States citizen).
The Affidavit of Support is enforced through
civil proceedings and is the equivalent of a federal tax
lien. The possible effects are many and long term.
Volume 9 Issue 1 March 2018 Page 18

What Law Firms Need to Know About

Looking for office space?
Office sharing arrangement available
for Warren Township law office.
Large mahogany conference room,
easy access to major highways and 20
minutes to Somerset County Court
House.
Call 908-756-0480
It’s that time of year again!
Continue receiving the
benefits of SCBA Membership by
renewing for the *2018-2019 year.
*(June 1, 2018-May 31, 2019)
Register online at
www.somersetbar.com/login
E-Filing and Vendors
By: Amanda Sexton *
Continued from Page10
When a vendor logs in to the E-Court to file a pleading on
behalf of the attorney, the vendor not only has access to the
Law and Chancery Divisions, but also to the Criminal Divi-
sion. Any pleadings filed for the attorney’s client in all
Court Divisions become accessible to the vendor, whether
they are sealed, privileged or not. The vendor has full access
to the case just as the attorney would as well as any other
cases in all the Court Divisions in which the attorney has
represented that client.
What law firms need to know
When choosing whether to have a vendor e-file on
behalf of the law firm, be aware of the possible repercus-
sions. The attorney is liable for missed deadlines, misfiled
documents, the release of privileged information, etc. The
Court’s lack of an official opinion means at any point the
Court’s decision could change, leaving those attorneys who
allow vendors to use their logins at risk to what could be
interpreted as negligent behavior by the attorney resulting in
sanctions or other forms of discipline. Risks also include the
possibility of missing deadlines, misfiling documents, and
HIPAA/GLBA violations.
Before choosing to allow a vendor to e-file, the firm
should carefully weigh the decision.
* Amanda Sexton is the Director of Corporate Development
at On The Lookout Investigations and DGR –The Source for
Legal Support, winners for the past four years of the New
Jersey Law Journal’s annual ‘Best Of’ survey. She is cur-
rently President of the New Jersey Professional Process
Servers Association and a board member of the Legal Ven-
dors Network.

Legal Services of Northwest Jersey is pleased to announce that Catherine Broderick, recently re!red from the
Morris County Prosecutor’s Office, has joined LSNWJ as its Director of Pro Bono Innova!on. Catherine will
guide LSNWJ’s new Achieving Jus!ce through Pro Bono Innova!on Project through which LSNWJ will expand
its capacity to provide high‐quality legal services by increasing pro bono par!cipa!on and engagement and
u!lizing best prac!ces and innova!on in pro bono delivery.
Volume 9 Issue 1 March 2018
TO MARRY
TO MARRY AN AN IMMIGRANT?
IMMIGRANT? POSSIBLE POSSIBLE FINANCIAL CONSEQUENCES:
FINANCIAL CONSEQUENCES: THE POWER OF THE
PRENUPTIAL
THE POWER AGREEMENT
OF THE AND RAMIFICATIONS
PRENUPTIAL OF THE AFFIDAVIT
AGREEMENT ANDOF SUPPORT
RAMIFICATIONS
By: Jeralyn Lawrence, Esq., Rita Aquilio, Esq., and Raymond Lahoud, Esq *
OF THE AFFIDAVIT OF SUPPORT
By: Jeralyn Lawrence, Esq., Rita Aquilio, Esq., and Raymond Lahoud, Esq *
The Affidavit of Support can also prove prob-
lematic when addressing the financial aspects of di-
vorce, such as alimony and child support. For exam-
ple, if the Affidavit of Support acknowledges one
party’s commitment to support the other, this may
become helpful evidence for the spouse seeking sup-
port post-judgment. There clearly are potential long-
term consequences to executing the Affidavit.
If you have any questions or concerns about
this post, please contact Jeralyn Lawrence, Chair of
the Matrimonial & Family Law Practice Group,
at jllawrence@nmmlaw.com, or Ray Lahoud, Chair of
the Immigration Law Practice Group,
at rglahoud@nmmlaw.com.
* Raymond G. Lahoud focuses his practice exclusively on immigration
law and deportation defense for individuals and corporations. He has
been awarded the Empire State Pro Bono Counsel Award each year
since 2012, has been selected as Lead Counsel, has received the Martin-
dale-Hubbell Platinum Client Champion Award, and has been named
a Super Lawyers Rising Star, ranked as a Top Rated Immigration At-
torney in the New York Metro Area. EB5 Investors, the leading online
portal, conference series, and magazine for investors, developers, and
EB-5 professionals, has named Lahoud one of the “Top 5 Rising Stars”
nationally. He was also named one of the 40 young professionals from
the Greater Lehigh Valley as the Lehigh Valley Business 2017 Forty
Under 40 for his commitment to business growth, professional excel-
lence, and the community. Lahoud earned his B.A. in English, summa
cum laude, from Lehigh University, where he earned Dean’s List; was
named a President’s Scholar; was inducted into Phi Beta Delta; received
the Williams Award, Treen Scholarship, and Littner Scholarship; and
was Editor of The Lehigh Review. He earned his J.D. from Georgetown
University Law Center, where he earned Dean’s List, received CALI
awards in many courses, and worked on the Georgetown Immigration
Law Journal.
* Jeralyn L. Lawrence is dedicated to helping families navigate through
some of life’s most difficult transitions. Chair of the Matrimonial and
Family Law Practice for Norris McLaughlin & Marcus, PA, she is a
trained collaborative lawyer, divorce mediator and arbitrator. Law-
Page 19
Continued from Page 18
Continued from Page 17
rence has served clients in all areas of matrimonial and family law,
including: divorce litigation, custody issues, alimony and child sup-
port, separation and property settlement, adoption and guardianship,
domestic partnership, domestic violence and sexual abuse and palimo-
ny. Through her training in collaborative law, she assists families who
want to resolve their matter without court intervention, but if the situ-
ation requires is also a seasoned litigator. Lawrence is Secretary of the
New Jersey State Bar Association and a Fellow of the American Acade-
my of Matrimonial Lawyers. She has been widely recognized for her
contributions to her profession and she is a three-time recipient of the
New Jersey State Bar Association Distinguished Legislative Service
Award, the highest recognition of a member's noteworthy legislative
service. She has also been named as one of New Jersey's Top 50 Wom-
en in Business by NJBIZ and was recognized by her peers as one of the
Ten Under Forty, New Jersey's top 10 matrimonial lawyers under the
age of 40; and New Jersey Law Journal's 40 Under 40, 40 accom-
plished and promising attorneys in the State of New Jersey under the
age of 40. Lawrence earned her bachelor’s degree from Kean College
and her law degree from Seton Hall, where she graduated second in her
class.
* Rita M. Aquilio practices in the areas of divorce, child support, custo-
dy, and post-judgment issues. She represents clients in all types of
matrimonial actions, from basic matters to complex asset valuation
cases. Aquilio is a trained Collaborative Divorce Attorney and a mem-
ber of the Executive Committee of the Somerset County Family Prac-
tice Committee. She is also a member of the NJSBA Family Law Exec-
utive Committee of the Family Law Section. Recognized by the New
Jersey Superior Court as a R.1:40 Qualified Family Law Mediator,
Aquilio is a panelist for the Superior Court Early Settlement Panel in
Somerset County. Aquilio was recognized as Outstanding Subcommit-
tee Chair for her 2015-2016 term as Co-Chair of the ABA Section of
Litigation’s Family Law Litigation Committee. She frequently lectures
for the NJSBA Institute of Continuing Legal Education at its Hot Tips
seminars and has served as Editor of the ABA Family Law Litigation
Subcommittee’s E-Newsletter. Aquilio earned her J.D. from Western
New England College School of Law, and her B.A., cum laude,
from Drew University.