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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 award of spousal support is broadly discretionary

26 May 2010, 9:50 am by PaulKostro

[Steneken v. [read post]

NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues

In determining whether and to what extent a modification of a PSA is appropriate, the trial court may consider whether any of the equitable distribution was intended to provide for future needs

26 May 2010, 9:46 am by PaulKostro

[Lepis v. [read post]

NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues

Losing Standing after a Merger

26 May 2010, 5:32 am by CorporateAcquisitions MergerLawBlogger

In the vein of life mimicking possible exam questions - Morris James points out a recent case in the Delaware Chancery Court, Arkansas Teacher Retirement System v Caiaf a ("TRS"). [read post]

M & A Law Prof Blog - http://lawprofessors.typepad.com/mergers/

Rule 1:4-8 provides in pertinent part that an attorney who signs or files a pleading certifies that to the best of his or her knowledge it is not being presented for any improper purpose, such as to harass or to cause unnecessary delay or needless increas

25 May 2010, 9:16 am by PaulKostro

Port-O-San Corp. v. [read post]

NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues

It is improper to base a finding of domestic violence upon acts or a course of conduct not even mentioned in the complaint

25 May 2010, 8:25 am by PaulKostro

V. [read post]

NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues

An apportionment claim is not ripe until the estate taxes are quantified

25 May 2010, 8:15 am by PaulKostro

See Hale v. [read post]

NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues

The application of laches to matters of child support and custody has been carefully circumscribed

25 May 2010, 8:10 am by PaulKostro

Co. v. [read post]

NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues

Veterans disability pension and Social Security benefits should be considered in determining income for the purposes of calculating alimony and child support

25 May 2010, 8:06 am by PaulKostro

’” Lepis v. [read post]

NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues

Employment-Eleventh Circuit Upholds Non-Competition And Non-Solicitation Covenant

24 May 2010, 8:01 am by Stanley D. Baum

But that is what the plaintiff did in H & R Block Eastern Enterprises, Inc. v. [read post]

ERISA Lawyer Blog - http://www.erisalawyerblog.com/

It is appropriate for the trial judge to evaluate a claimed change in circumstances from the time the support obligation was last modified

24 May 2010, 7:49 am by PaulKostro

” Lepis v. [read post]

NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues

Harassment is defined as engaging in alarming conduct with purpose to alarm or seriously annoy another person

24 May 2010, 7:43 am by PaulKostro

We have found harassment where defendant kicked down a bathroom door while plaintiff was inside and threw furniture and other objects in her presence, Zappaunbulso v. [read post]

NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues

Children are entitled to be supported at least according to the standard of living to which they had grown accustomed prior to the separation of their parents

21 May 2010, 3:24 pm by PaulKostro

Servs. v. [read post]

NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues

A child’s assets (e.g., inheritance) may not be used to fulfill a financially able parent’s support obligation

21 May 2010, 3:21 pm by PaulKostro

See In re Application of Conda, 104 N.J. 163, 170 (1986) (holding “the estate of a minor should not be charged for the support and maintenance of a minor where others are responsible and able to do so”); Cohen v. [read post]

NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues

The privilege of parenthood carries with it the duty to assure a necessary education for children

21 May 2010, 3:07 pm by PaulKostro

See Gac v. [read post]

NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues

The right to receive child support may not be waived by a custodial parent

21 May 2010, 3:03 pm by PaulKostro

Super. at 512; Savarese v. [read post]

NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues

The Frivolous Litigation Act does not apply to a frivolous appeal

21 May 2010, 2:59 pm by PaulKostro

Group, Inc. v. [read post]