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A relevant factor to be considered by the motion judge on an application for counsel fees is whether a litigant has acted in bad faith
21 Oct 2009, 1:52 pm
Yueh v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Where the parties’ JOD or property settlement agreement omits an essential term, the court may supply a term which is reasonable in the circumstances
3 Jun 2010, 8:46 am by PaulKostro
’” Pacifico v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
An increase in a supporting spouse’s income is considered a changed circumstance
14 Oct 2010, 12:45 pm by PaulKostro
” Lepis v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
A grandparent may force visitation over the wishes of a fit parent by demonstrating exceptional circumstances whereby he or she has become a psychological parent to the child and stands in the shoes of a parent
29 Sep 2009, 9:03 am
V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
It is appropriate to impute income to a spouse based on his or her substantial investments in non-income producing stocks
13 May 2010, 1:06 pm by PaulKostro
WALSH V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
In evaluating whether the cleric-penitent privilege applies, the proper test is: Would an objectively reasonable penitent, under the totality of the circumstances, believe that a communication was secret, that is, made in confidence to a cleric in that cl
7 Apr 2010, 8:57 am by PaulKostro
In evaluating whether the cleric-penitent privilege applies, courts should use Cary’s three-part test [State v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Criteria for evaluating a claim of changed circumstances justifying relief from an order for child support and alimony
15 Nov 2010, 1:14 pm by PaulKostro
Law Lessons from TRACY LUCANTE V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
The support award will be decreased to the extent it is unnecessary to maintain the standard of living of the dependent spouse
5 Nov 2009, 8:42 am
DONET V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
An agreement between parents to support a child past majority is enforceable if fair and equitable
15 Jun 2010, 7:37 am by PaulKostro
Dolce v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
The privilege against self-incrimination is personal to the individual claimant and the election to invoke it must be exercised by the witness himself; it is not invocable by an attorney as his surrogate
9 Aug 2010, 8:37 am by PaulKostro
V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
An Amicus Brief in the "Soda Ban" Case: Protecting Local Governments' Home Rule over Administrative Law
8 May 2014, 8:42 am by Rick Hills
In particular, local agencies should not be subject to the same strict non-delegation doctrine by which state agencies are arguably constrained under Boreali v. [read post]
PrawfsBlawg - http://prawfsblawg.blogs.com/prawfsblawg/
New Jersey sanctions the use of sound recordings at trial where the matter contained therein is competent and relevant
30 Jun 2010, 1:37 pm by PaulKostro
V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Attainment of age eighteen establishes prima facie, but not conclusive, proof of emancipation
25 Feb 2010, 9:04 am by PaulKostro
” Gac v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Current earnings have never been viewed as the sole criterion upon which to establish a party’s obligation for support
14 Oct 2010, 1:01 pm by PaulKostro
DURST V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
An alimony order is subject to review and modification upon a showing of changed circumstances
13 May 2010, 1:22 pm by PaulKostro
WALSH V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
If you have an unrecorded Deed, it may not save your house from foreclosure
21 Jul 2010, 6:46 am by PaulKostro
V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
A CIS must be filed in all contested family actions, including those involving issues of child custody
23 Dec 2009, 9:49 am by PaulKostro
JONES V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
To constitute joint custody, each parent must exercise joint legal and physical custody over the child
29 Apr 2010, 9:23 am by PaulKostro
” Pascale v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
The filing of a bankruptcy petition stays adjudication of equitable distribution in a divorce proceeding if the property to be distributed is the property of the bankruptcy estate
14 Oct 2010, 12:58 pm by PaulKostro
Clark v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
The Guidelines shall not be used to determine parental contributions for college, nor the amount of support for a child attending college
5 Mar 2010, 11:50 am by PaulKostro
Court Rules, Appendix IX-A to R. 5:6A at 2401 (2010). [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues