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Rule 4:58-2 is applicable to arbitration proceedings
4 Oct 2010, 12:14 pm by PaulKostro
Georges] Avenue (Route 27), Linden, Union County, NJ. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
The entire controversy doctrine requires litigants in a civil action to raise all affirmative claims arising from a single controversy that each party might have against another party, including counterclaims and cross-claims
4 Oct 2010, 12:12 pm by PaulKostro
TARAKJI V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
The material breach of a contract by one party can excuse further performance by the other party
4 Oct 2010, 12:09 pm by PaulKostro
TARAKJI V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Although nonrefundable retainers are specifically prohibited in Family Court matters, there is no such prohibition in other case types
4 Oct 2010, 12:06 pm by PaulKostro
TARAKJI V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Domestic Violence and former dating relationships
1 Oct 2010, 9:45 am by PaulKostro
V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Blawg Review #282
19 Sep 2010, 5:41 pm by Mark Bennett
” If the Sixth Amendment is your thing (I know it’s mine), Gideon (A Public Defender) advocates improving jury trials by allowing jurors to ask questions in closing argument, and Brian Tannebaum (Criminal Defense Blog) encourages you to complete a survey: A curriculum is being developed by the ABA, NACDL and the Spangenberg Project at George Mason University for an upcoming indigent defense training and technical assistance project funded by the Department of Justice Bureau of… [read post]
Defending People: The Art and Science of Criminal Defense Trial Lawyering - http://bennettandbennett.com/blog
On appeal from a summary judgment motion, the appendix shall include all items submitted to the court on the summary judgment motion
1 Sep 2010, 9:30 am by PaulKostro
V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Attorney fee awards are based in part on the hourly rate of the attorney, compated to the rates charged for similar services of attorneys in the community with comparable skill, experience, and reputation
1 Sep 2010, 8:58 am by PaulKostro
Georges] Avenue (Route 27), Linden, Union County, NJ. [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
Equity may allow rescission in light of a unilateral mistake in a contract under certain circumstances
31 Aug 2010, 6:50 am by PaulKostro
Co. v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
A judge may select a figure for taxes on alimony that is less than exact and fairly derived to avoid repeated applications for recalculation of alimony based upon insubstantial changes in federal and state tax laws and decreases in exemptions and deductio
30 Aug 2010, 8:21 am by PaulKostro
NAVIN V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Before a child support cost of living adjustment is applied, the parties shall be provided with notice of the proposed adjustment and an opportunity to contest the adjustment within 30 days of the mailing of the notice
30 Aug 2010, 8:18 am by PaulKostro
Law Lessons from SHELLEY MOEHRLE, n/k/a SHELLEY PRYSANT V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
If the initial child support order is entered when a child is 12 years of age or older, that order and all subsequent orders shall be adjusted upward by 14.6%
30 Aug 2010, 8:15 am by PaulKostro
Law Lessons from SHELLEY MOEHRLE, n/k/a SHELLEY PRYSANT V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
The child support guidelines provide that if the non-custodial parent exercises regular visitation time with the children, the court may reduce the child support award to accommodate variable expenses (food and transportation) incurred by the noncustodial
30 Aug 2010, 8:12 am by PaulKostro
Law Lessons from SHELLEY MOEHRLE, n/k/a SHELLEY PRYSANT 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
The reasoning that “a child needs support is unassailable, yet standing alone, it cannot form the basis of a deviation from the child support guidelines
27 Aug 2010, 10:49 am by PaulKostro
In Caplan v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
A court may deviate from the Guidelines only when good cause demonstrates that application of the Guidelines would be inappropriate
27 Aug 2010, 10:47 am by PaulKostro
S.N. v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Equitable distribution is inapplicable in a matter involving unmarried parties, despite the extent of their cohabitation; however, joint venturers are entitled to seek a partition of their property when their joint enterprise comes to an end, irrespective
27 Aug 2010, 10:41 am by PaulKostro
Georges] Avenue (Route 27), Linden, Union County, NJ. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Without findings relevant to the legal standards, the litigants and the reviewing court can only speculate about the reasons for the decision
25 Aug 2010, 10:56 am by PaulKostro
Georges] Avenue (Route 27), Linden, Union County, NJ. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
An obligor who has selected a change in career, must establish that the benefits he or she derives from the career change substantially outweigh the disadvantages to the supported children
25 Aug 2010, 10:52 am by PaulKostro
Georges] Avenue (Route 27), Linden, Union County, NJ. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues