Law offices of Raymond C. Osterbye, LLC

02/11/2024

Our new office is located at 21 Church St Suite B in Keansburg. Call or email to set up an appointment.

02/01/2022

Contact my offices regarding New Jersey's new Foreclosure Relief
program.

01/31/2022

ASSISTANCE FOR TENANT FACING EVICTION DURING COVID-19 / LANDLORD FACING UNPAID RENT

Are you a tenant who needs rental assistance? Are you a landlord whose tenant is not paying their rent? Is there still assistance out there?
There were two policies over the past couple of years that assisted New Jersey tenants from being evicted during Covid-19. One was the Eviction Moratorium, which only permitted evictions because there was danger to the public (drugs being sold, any criminal activity, danger to public health). Unfortunately, this moratorium ended at the start of the new year. The second policy program enabled tenants who earned only 80% of their county’s meridian income to apply to prevent eviction. Tenants facing an eviction, could file an application Unfortunately, the New Jersey State Program ended, because the funding has run out. They are still making payments to landlords on behalf of tenants, but they are not taking new applications. However, besides the State of New Jersey program, there are still active eviction prevention programs, with funding, which are run by certain counties, cities and organizations. Monmouth County is one of these counties that still has funding and is taking new applications.
Monmouth County
Monmouth County’s Emergency Rental Assistance Program is for eligible tenant households in the county facing a loss of income due to the pandemic. If qualified, funds from the program may be used to pay outstanding balances for rent or utilities (gas, electric, and/or water only), with funds usually being paid directly to landlords and service providers. Generally, temporary assistance will not exceed more than 12 months. Priority is be given to tenants facing eviction and/or households with an individual who has been unemployed for the 90 days prior to application, and households with income at or below 80% of the area median are to be prioritized for assistance. To learn more and apply, cut and insert this link into your browser.
https://solixconsulting.force.com/MonmouthRental/s/?language=en_US

If you are a not a resident of Monmouth County, please go to the following link to see if your county or city is still funding a Tenant Covid-19 Relief program.
https://njaa.com/covid19rentalassistanceprograms/

Contact my offices for assistance with your landlord/tenant question/issue.

Raymond C. Osterbye, Esq.
The Law Offices of Raymond C. Osterbye, LLC
208 Main Street
Keansburg, NJ 07734
Tel: (732) 737-9929
Fax: (732) 737-9932
Email: [email protected]

Since the beginning of the pandemic, NJAA has been actively lobbying for rental assistance to help tenants who are unable, or have difficulty paying their rent due to COVID-19. Now, we have the first meaningful component of that relief. New Jersey announced the COVID-19 Emergency Rental Assistance P...

01/31/2022

HOW IS THE AMOUNT OF CHILD SUPPORT CALCULATED? AND HOW ACCURATE IS A QUICK CHILD SUPPORT ESTIMATE?

Most law offices have family software programs that can calculate child support payments. A Child Support QuickCalc provides a quick, approximate child support estimate. But what are the factors that decide this amount? Child support is not merely based upon income of either party, but also, upon expenses of each party, whether there are other children involved, and if the child spends a certain number of overnights in the party’s home. In cases where child support is sought, the party requesting support, usually has custody a majority of the time or is seeking same.
Here are some specific definitions, which the court will be utilized by the court:
Percentage of Parenting Time – is the amount of time the child(ren) is scheduled to spend with a parent. The Court will make the determination as to parenting time and custody.
Shared Parenting – If your child will spend 28% or more overnight time (104 nights per year or more) then you have a shared parenting situation. The child support payment will be less.
Sole Parenting – If your child will spend less than 28% overnight time (less than 104 nights) with one party, then this is a sole parenting situation.
Gross Income by either party – includes earned income, (wages, salaries, business income) and unearned income (social security, disability.
Expenses – include personal, business, taxes.

The child support amount obtained by a QuickCalc is only as accurate as the information provided in the calculator. The actual child support order will be affected by other factors. The Court has the final authority to determine the amount of the child support order. We will refer to them as the CP (Custodial Parent), the other party who only has the child part or none of the time is usually referred to as NCP (Non-Custodial Parent). What is the percentage of the time that this child spends with either party? At times, the party may not even know how much time that the child will be spending with them. The more overnights that a child spends at the NCP house, the less child support that the NCP must pay to the CP.
The initial step getting to a child support amount is to completely fill out a Family Part Case Information Statement form. This form has to be completely filled out, listing income, property, expenses. Then this form needs to be reviewed for errors, before submitting to the court.

Parents are obligated to support their children until the age of emancipation. In New Jersey, this age is assumed to be 19, but the obligation can extend beyond that and well into college. Parents that split must have a child support plan in place to ensure that the divorce’s impact on the quality of life of the child is mitigated. Child support is often determined by the formula put forth in the New Jersey Child Support Guidelines. In some cases, factors convince a judge to deviate from the guidelines. This is a complex legal topic and there are numerous factors to consider. Speaking with an experienced attorney is best. This law office provides quality legal support regarding all family law matters. If you are in need of a zealous advocate, contact our offices.

WHAT DOES CHILD SUPPORT COVER IN NEW JERSEY?
This is one of the most common questions our firm receives, and understandably so. New Jersey has child support guidelines in place to ensure that child support covers a significant portion of expenses associated with having a child. If you are a dependent spouse, you should be awarded child support, wherein New Jersey courts will demand your former spouse make scheduled payments to cover several different aspects of your child’s life. Child support payments cover food and clothing, however, they only do so to a certain extent. For example, if your child requires specialized footwear for sports, this will most likely not be covered in the child support agreement.

Furthermore, child support payments should also help pay for certain recreational events or hobbies that will enrich your child’s life. Transportation costs, like lease payments, car payments and maintenance, as well as public transportation should all be covered in your child support agreement. Additionally, housing, as well as healthcare, should also be covered in your child support agreement.

ADDITIONAL FACTORS THAT CAN IMPACT YOUR NEW JERSEY CHILD SUPPORT TERMS

For the most part, the New Jersey Child Support Guidelines will formulate a support structure, but numerous factors can also play a large role in how the court will determine child support, including:
The child custody arrangement
The needs of the child
Need and aptitude of the child for education, including higher education
The standard of living of each parent
Each parent’s economic situation
Assets and liabilities of each parent
Earning ability of each parent
Age and health of each parent
Age and health of the child
CHILD SUPPORT FOR HIGH-INCOME FAMILIES IN NEW JERSEY

TERMINATING CHILD SUPPORT
Child support ends when a child is considered emancipated in the eyes of the state. New Jersey assumes that a child is emancipated at the age of 19, right after high school when the child declines to pursue higher education and has the ability to acquired gainful employment. Children who are pursuing a college education may not be considered emancipated. Each case is different and speaking with an attorney is best.

COLLEGE EXPENSES
There are times when parents may be obligated to pay for college expenses. A court may need to decide on the matter when parents disagree regarding payments for their child’s education. Some factors that a court may consider include, but are not limited to the following:

HOW DO YOU WANT TO RECEIVE YOUR CHILD SUPPORT? THROUGH PROBATION OR DIRECTLY FROM THE OTHER PARTY
Child Support Probation is where the court automatically deducts a child support or spousal support payment directly from a NCP’s paycheck, before the NCP receives his or her paycheck. A few reasons why this is necessary, sometimes, the CP and NCP do not have an amicable relationship, possibly a (TRO “Temporary Restraining Order”/FRO “Final Restraining Order,” the NCP does not dependably send their child support as scheduled. However, Child Support through Probation may not be desirable or actually possible. The NCP may have their own business, so there is no paycheck to deduct from. The NCP may have an employer, who if they knew about a child support deduction, may affect there standing in the company. Though this factor is not really important as it once was, some NCP insist upon a direct payment because they simply do not want their employer to know that they are paying child support, usually people who working in banking, financial fields. Whether or not the child support is paid through Probation or not is usually determined at the child support hearing, motion date, and must usually must be requested in a party’s application.

Contact my offices for assistance with any of your Family Law/ Child Support questions.

Raymond C. Osterbye, Esq.
The Law Offices of Raymond C. Osterbye, LLC
208 Main Street
Keansburg, NJ 07734
Tel: (732) 737-9929
Fax: (732) 737-9932
Email: [email protected]

01/30/2022

IS IT POSSIBLE TO BE REMOVED FROM NEW JERSEY’S MEGAN’S LAW LIST?

This depends, upon the facts of your case, but it is possible. A person who has been sentenced to Megan’s Law can make a motion to terminate from Megan’s Law if they are eligible. Under N.J.S.A.2C:7-2, a person required to register on Megan’s Law may make an application to the Superior Court of New Jersey to terminate their obligation under Megan’s Law upon proof that the person has not committed an offense within fifteen (15) years following conviction or release from a correctional facility for any term of imprisonment imposed, whichever is later, and is not likely to pose a threat to the safety of others. N.J.S.A. 2C:7-2(f).

What are the factors that the court looks at when deciding to terminate from Megan’s Law?
The first qualification, a person needs to be 15 years offense free to be eligible. That means no convictions of any kind in New Jersey or other jurisdictions since the time when the person was sentenced to the Megan’s Law offense. This includes convictions unrelated Megan’s Law crimes (larceny, burglary, assault). Even if a person is arrested, without there ever being a conviction, a Prosecutor put in an objection to your motion.

Whether the Prosecutor puts in an objection or not, the court will decide the motion based upon the brief submitted by your lawyer and the relevant case law. The brief contains present day case law, plus the facts of your case, which will support the Motion. The individual seeking to be removed from Megan’s List, must demonstrate that this individual will “not likely to pose a threat to the safety of others.” For this reason, it is critical to provide the court with a report from an expert in the field to demonstrate that the individual meets these requirements. This expert will be a licensed therapist, psychiatrist who can submit a report. A certification, a signed statement by the individual or their attorney, will not be enough to convince a court that the individual is a low tier or tier one should be removed from the Megan’s Law list.
How long does it take to be removed from Megan’s Law List?
This process may take a few months. The first step is to ensure that you are actually eligible to make such motion. Here are some of the items “records” that your attorney should obtain:

Judgement of conviction
Probation records
Tiering records
Police reports, and all discovery
Any other records that will assist the court in making its decision
The motion must include a notice of motion, brief, order, and an expert opinion. Your attorney will need to ensure that the motion is filed in the correct jurisdiction. The jurisdiction is not where you currently reside but the county where the offense took place.

Are there are certain crimes, level of seriousness or type of crime that means you cannot get off Megan’s Law?
Yes, there are certain crimes that make you ineligible to get off Megan’s Law. Some individuals pled to offenses believing that they could be removed from the register but the law has changed since it was passed, and now are unable to make a motion to be terminated from Megan’s Law. One such offense is aggravated sexual assault. It is important before making the motion in Superior Court to make sure you are eligible.
Contact my offices today online or by phone at (732) 737-9929 for a free initial telephone consultation about the charges you are facing.

01/29/2022

New Jersey’s new Mortgage Covid-19 Assistance Program
The State of New Jersey will begin a program on February 9, 2022 to offer financial assistance for eligible homeowners who have experienced a significant decrease of income or increase of expenses due to COVID-19 and have been unable to remain current with their mortgage payments. This program offers direct financial assistance.

Applicants may receive up to $35,000 per household to cover:
a) Mortgage reinstatement assistance
b) Other eligible housing related costs, including:
c) Escrow shortages
d) Delinquent property taxes
e) Municipal or tax liens

This program like a number of other Covid-19 relief programs seems to be a first come, first serve basis. Applicants who are prepared and have all of their documents in order will be the first to apply and the first to have their application reviewed and hopefully approved.
Some applicants may receive ‘a three-year forgivable loan’ in the amount of $35,000, with no interest or payments due. Other applicants may have four of their future mortgage payments paid, inclusive of principal, interest, taxes and homeowner’s insurance.
Contact my offices for immediate assistance in preparing this application. There are numerous document requirements, so prior preparation would go a long way in putting you in front of other applicants.

12/26/2019

Happy Holidays!

10/05/2019

Subletting an office within my office. Lots of amenities. Great for an accountant, real estate agent, starter biz. 400.00 per month. Main Street, Keansburg.

02/11/2019

We are now known as The Law Offices of Raymond C. Osterbye

02/08/2019

New post added at Osterbye Law - Fighting for or Against a Permanent also know as a “Final Restraining Order"

The following is an article on how a Final Restraining Order is obtained. Whether you are fighting for or against a Final Restraining Order, having an attorney providing legal counsel is always the best advice. It must be said that receiving the paperwork for a Temporary Restraining Order (“TRO”...