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To be effective, an accord and satisfaction necessitates a finding that the party making the tender and the party accepting the tender each intends the acceptance to serve as full satisfaction of the entire disputed obligation
3 Mar 2010, 12:33 pm by PaulKostro
Glickfeld v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
The court may, for good cause, direct the entry of judgment of adoption nunc pro tunc as of the date the petition for adoption was instituted
3 Mar 2010, 12:28 pm by PaulKostro
Burdick v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
When determining whether a restraining order should be issued based on an act of assault or, for that matter, any of the predicate acts, the court must consider the evidence in light of whether there is a previous history of domestic violence, and whether
2 Mar 2010, 3:06 pm by PaulKostro
Law Lessons from C.C.P V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Good faith requires complete disclosure of relevant facts necessary to the court’s determination
2 Mar 2010, 2:56 pm by PaulKostro
” Kuron v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
If a support arrangement provided for the circumstances that are now alleged as changed, it would not ordinarily be equitable and fair to grant modification
2 Mar 2010, 2:52 pm by PaulKostro
Innes, 117 N.J. 496, 518 (1990) (stating a settlement agreement should be enforced by a trial court only to the extent it is equitable and just); Miller 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
The crime of terroristic threats requires a showing of three essential elements: (1) that the defendant in fact threatened the plaintiff; (2) that the defendant’s intent was to threaten the plaintiff; and (3) that a reasonable person, under an objective s
26 Feb 2010, 8:02 am by PaulKostro
V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Trial judges may intervene in questioning witnesses, especially in cases involving pro se litigants
26 Feb 2010, 7:56 am by PaulKostro
V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Concealment and surprise are not to be tolerated in a modern judicial system
26 Feb 2010, 7:49 am by PaulKostro
SZYMANSKI 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
The polestar of contract construction is to discover the intention of the parties as revealed by the language used by them
25 Feb 2010, 8:58 am by PaulKostro
” Pacifico v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
If the trial judge misconceives the applicable law or misapplies it, the exercise of legal discretion lacks a foundation and becomes an arbitrary act
25 Feb 2010, 8:55 am by PaulKostro
Chestone v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
When given for consideration, a promissory note is the equivalent of a contract to pay money
19 Feb 2010, 2:08 pm by PaulKostro
As such, courts will enforce them when “they are fair and equitable. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Adoption terminates the parental rights of the adopted child’s biological parents
16 Feb 2010, 11:05 am by PaulKostro
V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
The New Jersey Uniform Child Custody Jurisdiction and Enforcement Act
16 Feb 2010, 10:26 am by PaulKostro
Law Lessons from OSMAN KHAN V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
A substantial likelihood of some harm visited upon the plaintiff in the event of an unfavorable decision is needed for the purposes of standing
16 Feb 2010, 10:10 am by PaulKostro
NAACP v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Temporary unemployment is not grounds for a modification of support
16 Feb 2010, 10:03 am by PaulKostro
” Lepsis v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
A decedent’s clearly expressed desire to be cremated should be respected
16 Feb 2010, 9:55 am by PaulKostro
V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
The failure of the movant to establish a prima facie case that circumstances subsequent to a divorce judgment have adversely affected the welfare of the children precludes requiring a plenary hearing
11 Feb 2010, 9:38 am by PaulKostro
V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
A judge has a duty to make findings of fact and conclusions of law on every motion decided by a written order that is appealable as of right
11 Feb 2010, 9:33 am by PaulKostro
V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues