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In a matrimonial action, financial need is not the sole factor to be considered in determining a counsel fee award
5 Aug 2010, 11:26 am by PaulKostro
Williams v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
In a domestic violence matter, the decision to award reasonable attorney’s fees falls within the discretion of the court
19 Jul 2010, 2:49 pm by PaulKostro
V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Where an attorney is not a certified trial attorney, that attorney may not divide or share a legal fee with a referring attorney
20 Oct 2011, 3:10 pm by PaulKostro
Law Lessons from Vinick v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Good faith requires complete disclosure of relevant facts necessary to the court’s determination
2 Mar 2010, 2:56 pm by PaulKostro
” Kuron v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
There is nothing to preclude the parties from agreeing to a change in the PSA
10 Dec 2009, 9:42 am
V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
A defendant’s right to challenge, by cross-examination, the allegations brought against him in a domestic violence proceeding is critically important
12 Aug 2010, 8:29 am by PaulKostro
V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Reconsideration may be appropriate when a party has additional information that was unavailable at the time of the original hearing
2 Nov 2010, 10:30 am by PaulKostro
Cummings v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Who can prosecute a wrongful death actions on behalf of a decedent?
23 Jun 2010, 2:45 pm by PaulKostro
Estate of Nick Hanges v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Modification for changed circumstances resulting from cohabitation applies only if one cohabitant supports or subsidizes the other under circumstances sufficient to entitle the supporting spouse to relief
3 Nov 2010, 7:46 am by PaulKostro
” Gayet v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
An individual act previously rejected as insufficient to constitute domestic violence may take on greater significance because the prior act is later repeated in a manner that may amount to a course of conduct prohibited by the Domestic Violence Act
16 Apr 2010, 9:15 am by PaulKostro
V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
The failure of a party to produce evidence which would serve to clarify the facts in issue supports an inference that the party failing to produce such evidence fears that the exposure of those facts would be unfavorable to him
23 Aug 2010, 2:44 pm by PaulKostro
ANTON 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
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
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
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
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
An equitable distribution judgment obtained by fraudulent conduct must be reopened to avoid injustice and inequity
24 Feb 2010, 12:36 pm by PaulKostro
TEPE 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
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
Restricted stock and options can be distributed by way of a Callahan trust
22 Jul 2010, 8:40 am by PaulKostro
FELDMAN V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues