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The right to receive child support may not be waived by a custodial parent
21 May 2010, 3:03 pm by PaulKostro
Super. at 512; Savarese v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
The Frivolous Litigation Act does not apply to a frivolous appeal
21 May 2010, 2:59 pm by PaulKostro
Group, Inc. v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
A professional or motor vehicle license may be revoked for failure to pay child support
21 May 2010, 2:29 pm by PaulKostro
See Harris v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
A daughter’s own motherhood alone does not render her emancipated
21 May 2010, 2:25 pm by PaulKostro
Filippone v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Changed circumstances includes situations arising after the original divorce judgment such as the supporting spouse’s increase or decrease in income; illness, disability or infirmity; and the dependent spouse’s subsequent employment
21 May 2010, 2:21 pm by PaulKostro
(quoting Chalmers v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
In a temporary custody dispute between a natural parent and a third party, such as a grandparent, there is no presumption in favor of the biological parent
20 May 2010, 3:16 pm by PaulKostro
Watkins v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Where the parties agreed to binding arbitration to resolve any and all fee-related disputes, claims of breach relevant to a reduction of the fee sought are within the scope of their agreement; however, affirmative claims for consequential damages incurred
19 May 2010, 3:07 pm by PaulKostro
Quigley v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
A child cannot be removed from the State without consent, unless the court, upon cause shown, shall otherwise order
18 May 2010, 9:41 am by PaulKostro
[Baures v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
A judge should not confer or meet with one party or attorney to the exclusion of the adversary unless there is express consent, or unless necessary or an aspect or matter having nothing to do with the merits or ultimate disposition of any issue
18 May 2010, 9:15 am by PaulKostro
See also Zukerman v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Numerous parenting times with a child do not constitute joint physical custody; to constitute joint custody, each parent must exert joint legal and physical custody over the child
18 May 2010, 9:10 am by PaulKostro
[Pascale v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Under the Hague Convention, a child abducted in violation of rights of custody must be returned to the child’s country of habitual residence, unless certain exceptions apply
18 May 2010, 7:39 am by PaulKostro
TIMOTHY MARK CAMERON ABBOTT v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Monday round-up
17 May 2010, 6:35 am by James Bickford
  Kagan advised Justice Marshall to vote to deny cert. in DeShaney v. [read post]
SCOTUSblog - http://www.scotusblog.com/
Witnesses, other than experts, cannot testify unless they have personal knowledge of the matter
14 May 2010, 10:13 am by PaulKostro
V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Harassment can be established by proof that the person, acting with purpose to harass another, engaged in any . . . course of alarming conduct or of repeatedly committed acts with purpose to alarm or seriously annoy such other person
14 May 2010, 10:09 am by PaulKostro
V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Marital agreements are essentially consensual and voluntary and as a result, they are approached with a predisposition in favor of their validity and enforceability
14 May 2010, 10:04 am by PaulKostro
Advocate v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
In determining whether a defendant’s conduct is likely to cause the required annoyance or alarm to the victim, that defendant’s past conduct toward the victim and the relationship’s history must be taken into account
14 May 2010, 9:59 am by PaulKostro
V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
All proceedings in court must be recorded verbatim, including the content of an audio or video tape played during the proceedings unless a transcript of the audio or video tape is marked into evidence
14 May 2010, 9:53 am by PaulKostro
V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
An alimony order is subject to review and modification upon a showing of changed circumstances
13 May 2010, 1:22 pm by PaulKostro
WALSH 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
WALSH V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
It is appropriate to impute income to a spouse based on his or her substantial investments in non-income producing stocks
13 May 2010, 1:06 pm by PaulKostro
WALSH V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues