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A showing of changed circumstances requires the party seeking modification to convince the court that to enforce the agreement would be unconscionable, the same standard that is applied by courts of equity to the specific enforcement of contracts in other
11 Dec 2011, 6:17 pm by PaulKostro
” Larbig v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
A CIS must be filed in all contested family actions, including those involving issues of child custody
23 Dec 2009, 9:49 am by PaulKostro
JONES V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Illinois Appellate Court Finds Trust Dispute Can Remain in Cook County Court
27 Nov 2013, 2:12 pm by Robert Kreisman
Anthony V. [read post]
Chicago Injury Lawyer Blog - http://injury.robertkreisman.com/
When calculating child support, overnight is defined as the majority of a 24-hour day (i.e. more than 12 hours)
19 Jul 2010, 3:16 pm by PaulKostro
” See State v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
If a support arrangement provided for the circumstances that are now alleged as changed, it would not ordinarily be equitable and fair to grant modification
2 Mar 2010, 2:52 pm by PaulKostro
Innes, 117 N.J. 496, 518 (1990) (stating a settlement agreement should be enforced by a trial court only to the extent it is equitable and just); Miller v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
The general rule is that unless an attorney is specifically authorized by the client to settle a case, the consent of the client is necessary
15 Sep 2009, 4:30 am
Law Lessons from STATE 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
A party seeking to set aside a settlement agreement generally has the burden of proving his incapacity or incompetence to contract or other extraordinary circumstance sufficient to vitiate the agreement
31 Aug 2010, 6:55 am by PaulKostro
V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
In exercising its discretion as to the mode and scheduling of disposition of motions, the court shall ordinarily grant requests for oral argument on substantive and non-routine discovery motions and ordinarily deny requests for oral argument on calendar a
8 Jul 2010, 11:18 am by PaulKostro
MICHAEL PALOMBI V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
A trial judge may interrogate any witness to clarify the witness’s testimony, expedite a trial, prevent delay or waste of time, or help elicit facts
20 Jul 2009, 8:54 am
(citing State v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Courts daily approve divorce settlements upon the express finding that it does not pass upon the fairness or merits of the agreement, so long as the parties acknowledge that the agreement was reached voluntarily and is for them, at least, fair and equitab
8 Feb 2011, 9:25 am by PaulKostro
Addesa v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Megan’s Law as it applies to juveniles
17 Oct 2009, 5:04 am
Law Lessons from STATE OF NEW JERSEY IN THE INTEREST OF C.D., App. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
SSI benefits cannot be garnished or attached for child support or alimony
9 Apr 2010, 8:50 am by PaulKostro
In Crespo v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
The trial judge must not only be impartial, he or she must also give the appearance of impartiality
13 May 2010, 1:19 pm by PaulKostro
State v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Concealment and surprise are not to be tolerated in a modern judicial system
26 Feb 2010, 7:49 am by PaulKostro
” McKenney, supra, 167 N.J. at 370; see also United States v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Where the parties have agreed to provide for a child beyond what is legally required, courts must give due weight to the strong public policy favoring stability of consensual arrangements before freeing a parent from his or her contractual obligations
5 Mar 2010, 11:54 am by PaulKostro
” Dolce v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Defamation and the Internet
10 Mar 2010, 7:58 am by PaulKostro
V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Harassment does not automatically warrant the issuance of an FRO because the Act mandates that acts claimed by a plaintiff to be domestic violence must be evaluated in light of the previous history of violence between the parties including previous threat
24 Dec 2009, 6:29 am by PaulKostro
[State v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Parents have a fundamental liberty interest in the care, custody and management of their child
29 Apr 2010, 1:50 pm by PaulKostro
Santosky v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Child custody in a military family
13 Jul 2010, 1:56 pm by PaulKostro
See Faucett v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues