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The law does not permit the Division to embark on a course set for termination of parental rights and adoption by a foster parent without at least first exploring available relative placements.
7 May 2011, 3:05 am by PaulKostro
See Brewer v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Applications and provisions concerning child support are explicitly excluded from a child custody determination
17 Apr 2011, 11:23 am by PaulKostro
See Dalessio v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
A fiduciary may make payments on account of fees for services rendered out of a fund entrusted to the fiduciary for administration, subject to approval and allowance or to disallowance by the court upon settlement of the account
13 Apr 2011, 10:09 am by PaulKostro
’” Packard-Bamberger, supra, 167 N.J. 427, 444 (N.J. 2001) (quoting North Bergen Rex Transp., Inc, v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
The exercise of judicial discretion must have a factual underpinning and legal basis
15 Nov 2010, 1:18 pm by PaulKostro
Div. 1997) (quoting In re Presentment of Bergen Cnty. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Criteria for evaluating a claim of changed circumstances justifying relief from an order for child support and alimony
15 Nov 2010, 1:14 pm by PaulKostro
Law Lessons from TRACY LUCANTE V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Where the parents’ combined net annual income exceeds $187,200, the court shall apply the guidelines up to $187,200 and supplement the guidelines-based award with a discretionary amount
8 Nov 2010, 9:55 am by PaulKostro
LANG V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
The preliminary question in any case in which a parent seeks to relocate with a child is whether it is a removal case or whether by virtue of the arrangement between the parties, it is actually a motion for a change in custody
5 Nov 2010, 7:48 am by PaulKostro
Baures 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
Incomplete or inaccurate financial records submitted in support of a motion to modify alimony can be an appropriate basis for denying relief
3 Nov 2010, 7:48 am by PaulKostro
Lepis v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Modification for changed circumstances resulting from cohabitation applies only if one cohabitant supports or subsidizes the other under circumstances sufficient to entitle the supporting spouse to relief
3 Nov 2010, 7:46 am by PaulKostro
” Gayet v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
When a pro se litigant is a law firm earning its income from the private practice of law, there is no reason why that firm should not be entitled to the recovery of attorney’s fees under the offer of judgment rule
2 Nov 2010, 12:23 pm by PaulKostro
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
Self-proving will
2 Nov 2010, 10:37 am by PaulKostro
As the Court observed in Haynes v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
When an appellant’s notice of appeal only designates an order denying reconsideration, appellant is not entitled to review of the earlier order
2 Nov 2010, 10:33 am by PaulKostro
Compagna v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Reconsideration may be appropriate when a party has additional information that was unavailable at the time of the original hearing
2 Nov 2010, 10:30 am by PaulKostro
Cummings v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Rule 4:50-1
29 Oct 2010, 9:06 am by PaulKostro
Co. v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
A motion for rehearing or reconsideration seeking to alter or amend a judgment or order shall be served not later than 20 days after service of the judgment or order upon all parties by the party obtaining it
29 Oct 2010, 9:00 am by PaulKostro
Law Lessons from MICHELLE BARRY V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Child support in high income cases
28 Oct 2010, 9:59 am by PaulKostro
Caplan v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
The Self-Support Reserve is an amount calculated to ensure that a non-custodial parent has sufficient income to maintain a basic subsistence level and the incentive to work so that child support can be paid
28 Oct 2010, 9:54 am by PaulKostro
GUARDIOLA V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
The decision to appoint a guardian ad litem is left to the court’s reasonable exercise of discretion, when special circumstances arise
27 Oct 2010, 9:42 am by PaulKostro
Improvement Auth. v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues