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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
Utility Negligence in Bangor Car Accidents
15 May 2012, 6:02 pm
Seals v. [read post]
Maine Injury Lawyer Blog - http://www.maineinjurylawyerblog.com/
When determining whether a restraining order should be issued based on an act of assault or, for that matter, any of the predicate acts, the court must consider the evidence in light of whether there is a previous history of domestic violence, and whether
2 Mar 2010, 3:06 pm by PaulKostro
Law Lessons from C.C.P V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
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
A N.J. trial court does not have the authority to transfer court proceedings to another state
30 Jul 2009, 1:02 pm
Pek v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Whether abuse has occurred focuses upon the harm to the child rather than the mental state of the accused abuser
5 Oct 2010, 11:15 am by PaulKostro
” In K.A., the court reiterated that “‘[t]he main goal of Title 9 is to protect children,’” Id. at 511 (quoting G.S. v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
For purposes of equitable distribution, marital assets may be divided into passive and active assets
16 Jun 2009, 3:48 am
Scavone v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Once a prima facie showing of changed circumstances has been made, the standard that governs the setting of a new child support order is the same standard that applies at the time of the original judgment of divorce
9 Nov 2009, 6:22 am
Lepis v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
In a civil proceeding, a statement made by a person unavailable as a witness because of death is not excluded by the hearsay rule if the statement was made in good faith upon declarant’s personal knowledge in circumstances indicating that it is trustworth
23 Jun 2010, 3:18 pm by PaulKostro
Estate of Nick Hanges v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Because of the favored status afforded to arbitration, an agreement to arbitrate should be read liberally in favor of arbitration
8 Feb 2010, 9:42 am by PaulKostro
Super. at 472 (quoting with approval the court’s “expansive interpretation” in Sweet Dreams Unlimited, Inc. v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
As the court divides a couple’s marital assets, it must also take into account the liabilities of the parties
10 May 2010, 9:12 am by PaulKostro
” Monte v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Not every long-term marriage results in an economic dependency that must be addressed with an award of alimony
22 Jul 2010, 8:42 am by PaulKostro
FELDMAN V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
A motion for rehearing or reconsideration seeking to alter or amend a judgment or order shall be served not later than 20 days after service of the judgment or order upon all parties by the party obtaining it
29 Oct 2010, 9:00 am by PaulKostro
Law Lessons from MICHELLE BARRY V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Limited dureation alimony; permanent alimony; and rehabilitative alimony
30 Jul 2010, 12:01 pm by PaulKostro
Cox v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Under the Hague Convention, habitual residence must not be confused with domicile
25 Aug 2009, 3:12 pm
Picture by Lummmy In Feder v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Expert testimony is essential to determining the accuracy and trustworthiness, and therefore admissibility, of the particular GPS device used in a case
4 Nov 2009, 6:41 am
As noted by the Court of Appeals, “malfunctioning GPS devices are not unknown to this court. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
The emancipation of a child does not automatically occur at any specific age, but rather, is a fact sensitive inquiry
8 Feb 2010, 9:50 am by PaulKostro
SISTO V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
When calculating child support, overnight is defined as the majority of a 24-hour day (i.e. more than 12 hours)
19 Jul 2010, 3:16 pm by PaulKostro
GIUNTA V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
The law affords particular leniency to agreements made in the domestic arena and similarly allows judges greater discretion when interpreting these agreements
1 Dec 2009, 2:12 pm
Advocate v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Appeals are taken from orders and judgments, not from opinions
30 Jul 2010, 10:14 am by PaulKostro
Jacobson, 100 N.J. 550, 553 (1985) (holding “[a]n appeal lies not from a written or oral decision of a court, but only from a judgment or order”) (citing Credit Bureau Collection Agency v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues