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A hearing on a custody dispute should be scheduled no later than six months after the filing of the last responsive pleading
13 Oct 2010, 12:28 pm by PaulKostro
Law Lessons from YOLANDA McCAIN 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
The law recognizes a presumption that mail properly addressed, stamped, and posted was received by the party to whom it was addressed
5 Apr 2010, 2:27 pm by PaulKostro
This Blog/Blawg, NJ Family Issues, is managed by Paul G. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
The parent who has the greater period of custody during the tax year may release the exemption for dependent children for the other parent’s use
20 Aug 2012, 2:36 pm by PaulKostro
NOTE: This Blog/Blawg, NJ Family Issues, is managed by Paul G. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
To determine the reasonableness of attorney’s fees, the judge must first calculate the lodestar, which is the amount of hours reasonably expended by the prevailing party’s attorney, multiplied by a reasonable hourly rate; further, the judge must determine
3 Mar 2010, 12:39 pm by PaulKostro
This Blog/Blawg, NJ Family Issues, is managed by Paul G. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
A judgment involving custody of minor children may be modified at any time upon the ground of changed circumstances
3 Aug 2010, 1:51 pm by PaulKostro
This Blog/Blawg, NJ Family Issues, is managed by Paul G. [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
This Blog/Blawg, NJ Family Issues, is managed by Paul G. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
NEWS: A District Attorney in Pennsylvania was enjoined from bringing criminal charges in retaliation for the refusal to attend an education program following an alleged sexting incident
18 Mar 2010, 8:24 am by PaulKostro
MILLER v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
As between two people in a dating relationship, there is no presumption that payments made by one to, or on behalf of, the other are gifts
29 Apr 2010, 9:04 am by PaulKostro
This Blog/Blawg, NJ Family Issues, is managed by Paul G. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
The standard for modification of a child support obligation is changed circumstances
14 Oct 2009, 8:57 am
PAPA V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
An issue of fact is genuine only if, considering the burden of persuasion at trial, the evidence submitted by the parties on the motion, together with all legitimate inferences therefrom favoring the non-moving party, would require submission of the issue
24 Feb 2010, 12:41 pm by PaulKostro
This Blog/Blawg, NJ Family Issues, is managed by Paul G. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
An increase in the cost of living will be found to constitute a changed circumstance if it has substantially impaired the supported spouse’s ability to support himself or herself
4 Nov 2010, 8:03 am by PaulKostro
This Blog/Blawg, NJ Family Issues, is managed by Paul G. [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
This Blog/Blawg, NJ Family Issues, is managed by Paul G. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Oral argument
20 Oct 2010, 11:36 am by PaulKostro
This Blog/Blawg, NJ Family Issues, is managed by Paul G. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
A judge may select a figure for taxes on alimony that is less than exact and fairly derived to avoid repeated applications for recalculation of alimony based upon insubstantial changes in federal and state tax laws and decreases in exemptions and deductio
30 Aug 2010, 8:21 am by PaulKostro
This Blog/Blawg, NJ Family Issues, is managed by Paul G. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
A brief hiatus between high school and college is commonplace and does not necessarily move a child beyond the sphere of influence and responsibility exercised by a parent
1 Jan 2010, 10:46 am by PaulKostro
This Blog/Blawg, NJ Family Issues, is managed by Paul G. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
When parties to a contract have not agreed in respect of a term that is essential to a determination of their rights and duties, a term that is reasonable in the circumstances is supplied by the court
22 Oct 2010, 9:24 am by PaulKostro
This Blog/Blawg, NJ Family Issues, is managed by Paul G. [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
This Blog/Blawg, NJ Family Issues, is managed by Paul G. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Where the basis for a motion to vacate a judgment is premised upon a claim of fraud, the party objecting to the judgment must establish the fraud by clear and convincing evidence, demonstrating that “a material misrepresentation was made with intent that
15 Jul 2010, 10:05 am by PaulKostro
This Blog/Blawg, NJ Family Issues, is managed by Paul G. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues