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Generally, a trial court presented with a disputed motion to enforce a settlement should hold a hearing to resolve the disputed questions of fact
30 Jun 2010, 1:32 pm by PaulKostro
V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
The Guidelines shall not be used to determine a support obligation for a child who has reached majority and who is no longer enrolled in high school or other secondary education
25 Jan 2010, 10:05 am by PaulKostro
Law Lessons from MARY MASCUILLO V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Assistance of counsel does not apply to a civil matter; a domestic violence complaint is a civil matter
5 Jan 2010, 12:13 pm by PaulKostro
V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Equitable distribution bonus immunity arises only when the employer’s forward-looking goals are implemented in a way that requires the recipient of the employment benefit to do more than he or she did during the marriage to exercise his or her right to th
22 Jul 2010, 8:26 am by PaulKostro
FELDMAN V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Willful misrepresentation of material facts may cause your denaturalization
31 Aug 2009, 11:51 am
Fedorenko 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
If a motion for summary judgment is made during discovery, and the incompleteness of discovery is raised as a defense, that party must establish that there is a likelihood that further discovery would supply the necessary information
25 Aug 2009, 9:45 am
Co. v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
The trial court has discretion to determine if expert testimony is admissible
12 Aug 2010, 8:22 am by PaulKostro
V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
No reported decision has ever concluded that the mere passage of time, standing alone, warrants a plenary hearing to modify custody
8 Feb 2010, 10:25 am by PaulKostro
V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
An expert’s report must include the expert’s opinion, as well as the facts and data relied upon in forming that opinion
11 May 2011, 9:24 am by PaulKostro
COMES v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
The net opinion rule is a prohibition against speculative testimony
24 Aug 2009, 1:28 pm
Jimenez v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Temporary unemployment is not grounds for a modification of support
16 Feb 2010, 10:03 am by PaulKostro
” Lepsis v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
The exercise of judicial discretion must have a factual underpinning and legal basis
15 Nov 2010, 1:18 pm by PaulKostro
[Cosme v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
An award of counsel fees in matrimonial matters rests in the discretion of the trial court
3 Aug 2010, 1:55 pm by PaulKostro
Chestone v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
A judicial officer in the performance of his duties has absolute immunity from suit and will not be liable for his judicial acts
3 Dec 2009, 6:20 am
Capogrosso v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Motion for reconsideration
14 Oct 2010, 12:48 pm by PaulKostro
Marinelli v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Serious annoyance or alarm, means to weary, worry, trouble or offend
17 Mar 2012, 1:24 pm by PaulKostro
V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
If the trial judge misconceives the applicable law or misapplies it, the exercise of legal discretion lacks a foundation and becomes an arbitrary act
25 Feb 2010, 8:55 am by PaulKostro
Chestone v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
When custody is at issue, the court may on its own motion or at the request of a litigant conduct an in camera interview with the child
13 Jul 2010, 9:42 am by PaulKostro
V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
A court of this State has jurisdiction to make an initial custody determination only if N.J. is the home state of the child on the date of the commencement of the proceeding
11 Feb 2010, 9:18 am by PaulKostro
Law Lessons from DEBORAH DOLL V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues