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The party seeking modification has the burden of demonstrating a change in circumstances warranting relief from the support or maintenance obligations
21 Apr 2010, 9:25 am by PaulKostro
TIGER V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
If a motion for summary judgment is made during discovery, and the incompleteness of discovery is raised as a defense, that party must establish that there is a likelihood that further discovery would supply the necessary information
25 Aug 2009, 9:45 am
Co. v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Rule 4:58-2 is applicable to arbitration proceedings
4 Oct 2010, 12:14 pm by PaulKostro
V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
A current spouse's income may have relevance to child support, to the extent that its availability impacts the financial resources of the parent of primary residence
17 Nov 2009, 10:49 am
See Hudson v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
In a probate action, allowance may be made for legal fees out of decedent’s estate even if probate is refused
27 Jan 2010, 7:55 am by PaulKostro
Law Lessons from TATIANA ROSSIUS V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Leading questions
14 Oct 2010, 12:54 pm by PaulKostro
V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Corporate principals who did not sign personally on a contract or give a personal guarantee will be personally liable only upon finding a legitimate basis for piercing the corporate veil
11 May 2010, 9:14 am by PaulKostro
Barrett, 89 N.J. 294, 300 (1982) (holding that “[i]n the absence of fraud or injustice, courts generally will not pierce the corporate veil to impose liability on the corporate principals”); see also Yacker v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
The Attorney’s Lien Act provides that an attorney asserting a claim in a suit has a lien upon his client’s claim which attaches to a verdict, report, decision, award, judgment or final order in his client’s favor
8 Feb 2010, 10:21 am by PaulKostro
COLE V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
For there to be a waiver of arbitration rights, a party must know of the right and affirmatively state the intent to waive the right
3 Dec 2009, 6:18 am
Morris, 194 N.J. 364, 375-76 (2008); Martindale v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
The doctrine of judicial estoppel and the doctrine of invited error
10 Mar 2010, 8:24 am by PaulKostro
CULLY V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
The relationship of child support to high income
23 Jul 2010, 9:49 am by PaulKostro
Law Lessons from SHERYL DENICOLA, n/k/a SHERYL HYER V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Procedure under the Prevention of Domestic Violence Act
12 Jul 2010, 9:13 am by PaulKostro
V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
In an application brought by a supporting spouse for a downward modification in alimony, a focal issue is the supporting spouse's ability to pay
9 Nov 2009, 6:45 am
Gayet v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Sanctions motion
24 Aug 2010, 9:20 am by PaulKostro
V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Leaving sleeping children in a locked parked car is VERY DANGEROUS
9 Mar 2010, 7:51 am by PaulKostro
[G.S. v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Motion for summary judgment — should it be granted?
11 Aug 2009, 9:28 am
Co. v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
In construing a contract, literalism must give way to context
12 Aug 2010, 9:09 am by PaulKostro
Div., A-1069-08T3, August 12, 2010: An appellate court’s review of a trial court’s factfinding is limited. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
A payor spouse is as much entitled to reconsideration of alimony where there has been a significant change for the better in the circumstances of the dependent spouse as where there has been a significant change for the worse in the payor’s own
10 Jun 2009, 4:15 pm
Law Lessons from Weber v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
The obligor is entitled to periodic review of his child support obligation; that entitlement, however, does not relieve defendant of the obligation to prove changed circumstance when seeking a downward modification in the course of such a review
11 Aug 2009, 10:00 am
GORSKI V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
When a supporting spouse brings an application for a downward modification of support, the main focus is the supporting spouse’s ability to pay
25 Jun 2009, 4:05 am
Lepis v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues