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What is judicial discretion?
13 Oct 2010, 12:25 pm by PaulKostro
See State v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
A trial court may award sufficient alimony to enable the supported spouse to accumulate reasonable savings to protect herself against the day when alimony payments may cease because of her husband’s death or other change in circumstances
1 Jan 2010, 10:27 am by PaulKostro
ZUPPICHINI V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Counsel fees as a remedy in aid of litigants rights with respect to enforcement of the court’s orders
24 Aug 2010, 9:25 am by PaulKostro
V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Where a motion judge made credibility determinations and may have a commitment to her findings, a post-appeal plenary hearing must be conducted before a different judge
15 Jul 2010, 10:12 am by PaulKostro
Carmichael v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
The intentional relinquishment of a known right, or waiver, can be inferred from silent acquiescence to a particular set of circumstances over a period of time
4 Mar 2010, 8:54 am by PaulKostro
Belfer v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
It is proper for the court to find no basis to impute additional income to defendant over and above her Social Security Disability benefit, if plaintiff presented no evidence rebutting the defendant’s prima facie showing of her inability to work
26 May 2010, 9:54 am by PaulKostro
(citing Golian 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
An expert opinion may be corroborated, confirmed or bolstered by hearsay, but may not rely exclusively or primarily on it
29 Apr 2010, 9:31 am by PaulKostro
” Glowacki v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Where the parties do not agree to one or more essential terms of a contract, the agreement is unenforceable
13 Apr 2010, 8:49 am by PaulKostro
Realtors v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Although the interpretation and application of divorce agreements are not governed solely by contract law, those fair and definitive arrangements arrived at by mutual consent should not be unnecessarily or lightly disturbed
7 May 2010, 9:15 am by PaulKostro
” Konzelman v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Appending the child support worksheet to the judgment of divorce provides ready evidence of the income of the parties at the time of the divorce, which is a critical element of the lifestyle analysis
11 Aug 2010, 9:05 am by PaulKostro
Law Lessons from WILLIAM HEATHCOTE V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Applications for dismissal under Rule 4:6-2(e)
29 Apr 2010, 9:09 am by PaulKostro
Law Lessons from HONG JUN CHEN 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
A child support payment is a judgment by operation of law on and after the date it is due
21 Sep 2009, 10:17 am
SCHVEY V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Prior to entering an order compelling parents to pay for a private school education, a trial judge must consider various factors
28 Apr 2010, 5:07 pm by PaulKostro
” Hoefers v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
A residential custodial parent’s relocation of a child within New Jersey may have a significant impact upon the relationship between the child and the nonresidential custodial parent
26 Oct 2010, 10:11 am by PaulKostro
Law Lessons from VINCENT CARPENITO V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Pendente lite order modification or correction
30 Jul 2010, 12:04 pm by PaulKostro
Jacobitti v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
A party seeking to set aside a settlement agreement for lack of capacity has the burden of proving her incompetence to form an agreement
9 Sep 2009, 12:18 pm
Jennings v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
The doctrine of collateral estoppel precludes re-litigation of issues that were actually litigated and decided in an earlier action
20 Dec 2010, 12:48 pm by PaulKostro
V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
The decision to appoint a guardian ad litem is left to the court’s reasonable exercise of discretion, when special circumstances arise
27 Oct 2010, 9:42 am by PaulKostro
Improvement Auth. v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues