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A judge may appropriately impute income to an obligor spouse based upon his or her investments in income-producing equities
14 Aug 2009, 4:55 am
Miller v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Laches is an equitable principle applied to a party who, without explanation or excuse, delayed in asserting a claim now stale
14 Aug 2009, 3:53 am
Knorr v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
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
GORSKI V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Court jurisdiction in a divorce action
11 Aug 2009, 9:53 am
” Gosschalk v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
If New Jersey was the children’s home state at the time of the initial custody determination, the court must consider whether, during the time between the initial order and the filing of the motion for modification, circumstances have changed so
11 Aug 2009, 9:42 am
Griffith v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Motion for summary judgment — should it be granted?
11 Aug 2009, 9:28 am
Co. v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
A court-appointed counsel acts as an independent legal advocate for the best interests of the child and takes an active part in the hearing, while a guardian ad litem acts as an independent factfinder, investigator and evaluator as to the best interests
10 Aug 2009, 10:23 am
Isacson 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
Hand v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
A defendant has the burden to presented evidence to support a claim of self-defense
10 Aug 2009, 10:00 am
See N.J.S.A. 2C:3-4; State v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
The term Book Value has no one fixed meaning; rather, the meaning of the phrase Book Value depends upon the construction of the specific language used in the particular instrument wherein that term is stated
10 Aug 2009, 9:46 am
Cohen 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
Pacifico v. [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
Miller v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
The provisions of the FAA are exclusive and cannot be expanded through contractual agreement
5 Aug 2009, 11:00 am
C. v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Because of the legal and familial consequences of a FRO, the trial judge must take pains in a pro se case to ensure that the rights of both parties are respected in a domestic violence hearing
5 Aug 2009, 10:17 am
[Peterson v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
The right of a third party to garnish assets of a beneficiary of a spendthrift trust is limited to disbursements from the trust and if disbursements are wholly within the trustee’s discretion, the court may not order the trustee to make such dis
4 Aug 2009, 10:57 am
Shaffer v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Parental responsibility is a relevant factor in determining whether a supporting spouse with diminished earnings has acted reasonably
3 Aug 2009, 8:57 am
See Crews v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
The specific purpose of rehabilitative alimony is to enable the supported spouse to complete the preparation necessary for economic self-sufficiency
3 Aug 2009, 8:47 am
Heinl v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
The doctrine of probable intent is not applicable where a Will is clear on is face and there is no failure of any bequest or provision
3 Aug 2009, 8:13 am
” Id. at 442 (citing Burke, supra, 48 N.J. at 64-65; Engle v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Assessment of whether offer was more favorable than results obtained at hearing
31 Jul 2009, 10:44 am by hjmarcus
Hawkins v. [read post]
Developments in Special Education Law - http://blog.jeffmarcuslaw.com/
Parent justified in rejecting settlement offer for failure to include reasonable attorney fees
31 Jul 2009, 10:18 am by hjmarcus
Hawkins v. [read post]
Developments in Special Education Law - http://blog.jeffmarcuslaw.com/