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A party seeking to set aside a settlement agreement for lack of capacity has the burden of proving her incompetence to form an agreement
9 Sep 2009, 12:18 pm
Jennings v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
The anti-retroactive child support statute’s applicability is limited to prevent retroactive modifications decreasing or vacating orders allocated for child support
30 Aug 2010, 8:10 am by PaulKostro
” However, in Keegan v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
A provision of a contract can be modified orally or by conduct even if the agreement requires that all modifications be in writing
28 Sep 2009, 9:57 am
FOSTER V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
A child support payment is a judgment by operation of law on and after the date it is due
21 Sep 2009, 10:17 am
SCHVEY V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Ordinarily, in a breach-of-contract action, the court awards damages for the purposes of making the injured party whole
11 Aug 2010, 9:12 am by PaulKostro
My Law Office is located at 726 West Saint Georges [W. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
The commission of a predicate act does not automatically require that a restraining order be issued
19 Jul 2010, 3:35 pm by PaulKostro
My Law Office is located at 726 West Saint Georges [W. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
A court cannot consider issues such as college contribution in a vacuum and disregard substantial economic benefits and financial resources inuring to the benefit of a parent as a result of a remarriage
21 Oct 2009, 11:05 am
As the court held in Hudson v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Income may be imputed to an obligor when fashioning an alimony award
10 May 2010, 9:16 am by PaulKostro
My Law Office is located at 726 West Saint Georges [W. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
An obligor is not entitled to sit idly by, make no effort to replace the lost income, and expect a judge will relieve him of his alimony obligation
19 Jun 2009, 7:55 am
My Law Office is located at 726 West Saint Georges [W. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
It is not unreasonable for plaintiff to hope that the situation will improve and, when it does not, to then seek the TRO
14 Mar 2010, 6:31 am by PaulKostro
My Law Office is located at 726 West Saint Georges [W. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
A court is authorized to award fees for expert and legal services in a divorce action when the respective financial circumstances of the parties make the award reasonable and just
10 May 2010, 9:08 am by PaulKostro
My Law Office is located at 726 West Saint Georges [W. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Sanctions motion
24 Aug 2010, 9:20 am by PaulKostro
V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
To constitute joint custody, each parent must exercise joint legal and physical custody over the child
29 Apr 2010, 9:23 am by PaulKostro
” Pascale v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
As a general rule, the filing of a divorce complaint fixes the marriage end date for purposes of determining what property will be eligible for distribution
20 Oct 2010, 11:42 am by PaulKostro
My Law Office is located at 726 West Saint Georges [W. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
An important indicator of what parties to an agreement intend is their course of performance tendered pursuant to that agreement
18 Nov 2009, 10:14 am
My Law Office is located at 726 West Saint Georges [W. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Although domestic violence is defined by reference to fourteen separate criminal offenses, the purpose of the DVA is to protect the victim, not punish the person who committed the act of domestic violence
23 Aug 2010, 11:56 am by PaulKostro
My Law Office is located at 726 West Saint Georges [W. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
The law favors parenting time arrangements that afford liberal parenting time so as to enable the children of separated parents to be imbued with love and respect for both parents
26 Mar 2010, 10:56 am by PaulKostro
My Law Office is located at 726 West Saint Georges [W. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Where the parties provided in their interspousal Agreement that they would bear the expense of their children’s education and did not require their children to contribute to their education, this factor is no longer applicable to the issues befo
28 Oct 2009, 2:59 am
ROD V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
To award counsel fees in a matrimonial action, the judge must consider the factors set forth in the court rule on counsel fees, the financial circumstances of the parties, and the good faith or bad faith of either party
12 Jun 2009, 2:35 am
Law Lessons from Corin-Bonder v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Facts which are neither of record, judicially noticeable, nor stipulated, that a party attempts to present by way of oral argument do not constitute cognizable facts
8 Jul 2010, 11:15 am by PaulKostro
MICHAEL PALOMBI V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues