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Among factors to be considered on an application to reduce or suspend support obligations because of a reduction in income are: the motives of the payor, the timing of the conduct that brought about the reduction in income, the payor’s ability t
13 Jul 2009, 12:04 pm
(quoting Miller v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Spousal agreements and confidential relationships
2 Mar 2012, 1:07 pm by PaulKostro
Div. 2007); see also Miller 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
” Miller 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
Miller v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
In the absence of unconscionability, fraud, or overreaching in the negotiations of a settlement, no legal or equitable basis exists to reform the parties’ property settlement agreement
23 Jun 2010, 3:42 pm by PaulKostro
” Miller v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
For modification, payor must show that a decrease in income was not temporary
10 Jun 2009, 12:46 pm
Miller, 160 N.J. 408 (1999); Bergen Co. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Where the parties have agreed to provide for a child beyond what is legally required, courts must give due weight to the strong public policy favoring stability of consensual arrangements before freeing a parent from his or her contractual obligations
5 Mar 2010, 11:54 am by PaulKostro
” Miller 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
Miller, supra, 160 N.J. at 420. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
The court may enforce an agreement if it is fair and equitable, but the court’s equitable authority to modify support obligations in response to changed circumstances cannot be restricted
21 Jan 2010, 8:06 am by PaulKostro
” Miller 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
The equitable authority of courts to modify property settlement agreements is well established
23 Aug 2010, 2:26 pm by PaulKostro
” Miller v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Breach of Contract
14 Mar 2010, 6:00 am by PaulKostro
Div. 2007); Miller v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Any mistake plaintiff made as to equitable distribution resulting from her attorney’s representation is not itself a basis to set aside the final judgment of divorce
29 Mar 2010, 8:43 am by PaulKostro
” Miller 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
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
Miller v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Temporary circumstances are an insufficient basis for modification of alimony
28 Sep 2011, 1:05 pm by PaulKostro
Miller v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
The fairness of a child support award is dependent on the accurate assessment of a parent’s net income
2 Nov 2010, 12:16 pm by PaulKostro
Miller v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Parental responsibility is a relevant factor in determining whether a supporting spouse with diminished earnings has acted reasonably
3 Aug 2009, 8:57 am
” Miller v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Payor’s incarceration is but one factor among others to be weighed by the trial court in determining whether to grant a payor’s request for relief from payment from support obligations while imprisoned
17 Jun 2009, 11:31 am
(quoting Miller v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Consensual agreements and judicial decrees as to spousal support are reviewed under the same standard of changed circumstances
6 Aug 2009, 9:44 am
Miller v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues