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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
Laches is an equitable defense that may be interposed in the absence of the statute of limitations and has been defined as an inexcusable delay in asserting a right
3 Jun 2010, 8:43 am by PaulKostro
Ctr. v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
In the absence of contrary evidence, the valuation date for the sale of the former marital home should be the date of sale
3 Jun 2010, 8:39 am by PaulKostro
Pacifico v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
When a client alleges that he entered into a settlement based on negligent advice from his lawyers, he need not first seek to vacate the settlement, but may proceed directly against those lawyers the plaintiff asserts provided the negligent advice that cu
3 Jun 2010, 8:34 am by PaulKostro
Guido, et al. v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
The law does not prohibit the use of corporal punishment; the law prohibits the infliction of excessive corporal punishment
2 Jun 2010, 10:10 am by PaulKostro
” State v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Arbitration in New Jersey
1 Jun 2010, 11:55 am by PaulKostro
See Heffner v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
The State’s parens patriae responsibility to protect the welfare of children is limited to situations in which the State has demonstrated that the parent is unfit or the child has been neglected or harmed
1 Jun 2010, 7:55 am by PaulKostro
Division of Youth and Family Services v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
When the movant is seeking modification of an alimony award, that party must demonstrate that changed circumstances have substantially impaired the ability to support himself or herself
27 May 2010, 12:29 pm by PaulKostro
” Lepis, supra, 83 N.J. at 157; see also Miller v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
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
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
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