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Settlement agreements in matrimonial cases are contracts that should be enforced as long as they are fair and just
19 Oct 2011, 8:13 am by PaulKostro
” Konzelman v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Cohabitation creates a rebuttable presumption of changed circumstances shifting the burden to the dependent spouse to show that there is no actual economic benefit to the spouse or the cohabitant
28 Sep 2011, 12:54 pm by PaulKostro
Our courts have consistently viewed cohabitation as “tantamount to a marriage,” Konzelman v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Limited Duration Alimmony is available to a dependent spouse who made contributions to a relatively short-term marriage that demonstrated the attributes of a marital partnership
19 Aug 2011, 9:13 am by PaulKostro
” Konzelman v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
While incorporation of a PSA into a divorce decree does not render it immutable, nor its terms solely governed by contract law, nevertheless, if found to be fair and just, it is specifically enforceable in equity
4 Aug 2011, 7:34 am by PaulKostro
Super. at 20 (quoting Konzelman v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Cohabitation is a changed circumstance, and forms the basis for an alimony modification if the relationship has reduced the financial needs of the dependent former spouse
1 Jun 2011, 9:36 am by PaulKostro
” Konzelman v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Spousal support agreements are always subject to modification upon a showing of changed circumstances
17 May 2011, 10:27 am by PaulKostro
Konzelman v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Cohabitation is a domestic relationship whereby two unmarried adults live as husband and wife
3 May 2011, 6:05 am by PaulKostro
The fact finder must determine if there is a relationship that amounts to cohabitation, Konzelman v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Cohabitation is sufficient grounds for the termination or modification of alimony, limited duration or otherwise, where the cohabitation provides the dependent spouse with a sufficiently material economic benefit
19 Apr 2011, 10:01 am by PaulKostro
See Konzelman, supra, 158 N.J. at 196; Gayet v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Where an agreement provided for reimbursement for attorney’s fees if one party willfully violated its terms, the first task of the court should be to determine whether these provisions are fair and just and, thus, enforceable
29 Mar 2011, 8:19 am by PaulKostro
” Konzelman v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Cohabitation is more than a mere romantic, casual or social relationship but has stability, permanency and mutual interdependence
28 Mar 2011, 7:08 am by PaulKostro
There are two inquiries: one, is there a relationship that amounts to cohabitation, Konzelman v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
In the context of custody and parenting issues, notwithstanding a settlement agreement that addresses those issues, disputes may trigger the need for a family judge, acting as parens patriae, to prevent harm and protect the best interests of children
25 Feb 2011, 3:07 pm by PaulKostro
Konzelman v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
I THINK MY EX IS COHABITATING- NOW WHAT?
22 Feb 2011, 5:54 pm by Sandra C. Fava
Konzelman, 158 NJ 185 (1999) and Gayet v. [read post]
NJ Family Legal Blog - http://njfamilylaw.foxrothschild.com/
A mere dating or romantic relationship is not alone sufficient to cause a termination of alimony
9 Feb 2011, 1:35 pm by PaulKostro
Cohabitation requires much more, namely, “stability, permanency and mutual interdependence,” Konzelman v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Settlements are generally upheld absent clear and convincing evidence of fraud or other compelling circumstances
8 Feb 2011, 9:20 am by PaulKostro
’” Konzelman v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Custody and visitation orders are subject to modification at any time upon a showing of a material change in circumstances
24 Nov 2010, 9:47 am by PaulKostro
Div., A-2168-09T3, November 24, 2010: While “New Jersey has long espoused a policy favoring the use of consensual agreements to resolve marital controversies,” Konzelman v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Ordinarily, modifications of support orders are made based on changed circumstances; this includes the changed circumstances resulting from the dependent spouse’s cohabitation
10 Nov 2010, 10:51 am by PaulKostro
Konzelman 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
Konzelman 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
21 Jun 2010, 10:29 am by PaulKostro
” Konzelman v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Although the interpretation and application of divorce agreements are not governed solely by contract law, those fair and definitive arrangements arrived at by mutual consent should not be unnecessarily or lightly disturbed
7 May 2010, 9:15 am by PaulKostro
” Konzelman v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
It is impermissible for the court to assume in advance, and in the absence of a factual context, that cohabitation would eliminate the former spouse’s need
3 May 2010, 2:06 pm by PaulKostro
Konzelman, supra, 158 N.J. at 202. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues