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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
V. [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
SHANKS V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
The trial court has discretion to determine if expert testimony is admissible
12 Aug 2010, 8:22 am by PaulKostro
V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Factors to be considered on a motion for modification of alimony include the dependant spouse’s needs, that spouse’s ability to contribute to the fulfillment of those needs, and the supporting spouse’s ability to maintain the dependant spouse at the forme
20 Jul 2010, 8:01 am by PaulKostro
COLEMAN 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
Legal fees in a matrimonial action
23 Jul 2010, 9:58 am by PaulKostro
” Chestone v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
The proponent of other-crimes evidence must satisfy a four-prong test
7 Jun 2010, 8:16 am by PaulKostro
State 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
V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Absent exceptional circumstances, no extension of the discovery period may be permitted after an arbitration or trial date is fixed
30 Aug 2012, 1:11 pm by PaulKostro
V. [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
Crews 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
Oral argument
20 Oct 2010, 11:36 am by PaulKostro
Law Lessons from LORIE WHISSELL V. [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
NAVIN V. [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
ZUPPICHINI V. [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
See Capanear v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
College expenses and child support due the parent of primary residence are not governed by the child support guidelines when the child attends college away from home
21 Sep 2009, 10:13 am
SCHVEY 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
The court can set aside the amount of the child support payments provided in a settlement agreement if they are unjust, oppressive and inequitable, and instead imposed child support payments in accordance with the Child Support Guidelines
1 Mar 2010, 7:46 am by PaulKostro
Law Lessons from CHRISTOPHER ANDREACI V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
NEWS: The U.S. Supreme Court addresses strip searches in schools
25 Jun 2009, 8:09 am
Safford United School District No. 1 v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
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