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The obligor is entitled to periodic review of his child support obligation; that entitlement, however, does not relieve defendant of the obligation to prove changed circumstance when seeking a downward modification in the course of such a review
11 Aug 2009, 10:00 am
See Lepis v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
When a parent seeks to modify custody, the parent must demonstrate changed circumstances that affect the welfare of the children
10 Aug 2009, 10:07 am
In Lepis v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Even where the child’s income is temporary or insufficient to render the child economically self-sufficient and justify emancipation, such income might be enough to constitute a change in circumstances that warrants a reduction in child support
6 Aug 2009, 10:04 am
Lepis, supra, 83 N.J. at 152. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Consensual agreements and judicial decrees as to spousal support are reviewed under the same standard of changed circumstances
6 Aug 2009, 9:44 am
’ Lepis v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
The Good, the Bad and the Ugly: Locking in Support Obligations
30 Jul 2009, 2:36 pm
” Lepis v. [read post]
NJ Family Legal Blog - http://njfamilylaw.foxrothschild.com/
If the parties have stipulated by agreement that the husband will pay counsel fees to the wife in an amount to be fixed by the court, the court cannot refuse to allow any counsel fees
30 Jul 2009, 5:13 am
Lepis, 83 N.J. 139, 153 (1980); Berkowitz v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Default interest rates, like late fees, are presumed reasonable
30 Jul 2009, 5:06 am
Lepis, 83 N.J. 139, 153 (1980); Berkowitz v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
COHABITATION-WHAT HAPPENS TO MY SUPPORT?
13 Jul 2009, 8:27 pm
Lepis, 83 N.J. 139 (1980). [read post]
NJ Family Legal Blog - http://njfamilylaw.foxrothschild.com/
Where, despite cohabitation, ex-wife has remained financially dependent on alimony to meet her needs, this dependence may be self-created
13 Jul 2009, 12:23 pm
” Lepis v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
For alimony modification, a starting point needs to be established to measure change from
10 Jul 2009, 8:26 am
Ibrahim v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
In custody cases, the court must focus on the safety, happiness, physical, mental and moral welfare of the children
9 Jul 2009, 8:49 am
Div. 1976); see Lepis v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
The Internal Revenue Code sets the presumption that the custodial parent will retain the child tax exemption, subject to waiver by the custodial parent
29 Jun 2009, 5:23 am
The trial court, however, must also consider whether the change in exemptions “falls within the principles of Lepis v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
When a supporting spouse brings an application for a downward modification of support, the main focus is the supporting spouse’s ability to pay
25 Jun 2009, 4:05 am
Lepis v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Cohabitation involves an intimate relationship in which the couple has undertaken duties and privileges that are commonly associated with marriage
24 Jun 2009, 8:53 am
Gayet, 92 N.J. 149 (1983), the Court held that “cohabitation” was a changed circumstance under Lepis v. [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
” Lepis v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
ANTI-LEPIS CLAUSES - SAY WHAT YOU MEAN AND MEAN WHAT YOU SAY
17 Jun 2009, 4:51 am
  Drafting such an enforceable anti-Lepis clause is not as easy as it sounds, as found by the Appellate Division in Stefanacci v. [read post]
NJ Family Legal Blog - http://njfamilylaw.foxrothschild.com/
A payor spouse is as much entitled to reconsideration of alimony where there has been a significant change for the better in the circumstances of the dependent spouse as where there has been a significant change for the worse in the payor’s own
10 Jun 2009, 4:15 pm
Div. 1998 (citing Lepis v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
For modification, payor must show that a decrease in income was not temporary
10 Jun 2009, 12:46 pm
” Lepis v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
For medification to be considered, there must be a point from which change can be measured
10 Jun 2009, 11:58 am
Lepis v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
LOSS OF JOB - ANOTHER DAY ANOTHER DECISION
22 May 2009, 7:30 am
Lepis v. [read post]
NJ Family Legal Blog - http://njfamilylaw.foxrothschild.com/