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Oral argument
20 Oct 2010, 11:36 am by PaulKostro
Law Lessons from LORIE WHISSELL V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Among the changed circumstances that warrant modification are a decrease in the supporting spouse’s income, as well as subsequent employment by the dependent spouse
18 Aug 2010, 10:21 am by PaulKostro
Stamberg v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
For purposes of equitable distribution, marital assets may be divided into passive and active assets
16 Jun 2009, 3:48 am
Scavone v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
College expenses and child support due the parent of primary residence are not governed by the child support guidelines when the child attends college away from home
21 Sep 2009, 10:13 am
SCHVEY 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
Where the parties, in the PSA, had committed to contribute to college expenses, and where college choices were premised on minimizing cost, the failure to bring an application for college expenses before they are incurred may not be a very serious deficie
21 Dec 2009, 10:34 am by PaulKostro
” Gac 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
The doctrine of forum non conveniens
4 Mar 2010, 7:09 am by PaulKostro
V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
A retainer agreement should state whether the fee covers appellate work
18 Mar 2012, 10:00 am by PaulKostro
V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
To be entitled to a hearing on whether a previously-approved support award should be modified, the party moving for the modification “bears the burden of making a prima facie showing of changed circumstances
8 Jul 2010, 10:53 am by PaulKostro
Harrington v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
An arbitrator may award reasonable attorney’s fees and other reasonable expenses of arbitration if such an award is authorized by law in a civil action involving the same claim or by the agreement of the parties to the arbitration proceeding
30 Nov 2010, 9:55 am by PaulKostro
RYBA V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Once the moving party has established a prima facie showing of changed circumstances warranting relief, the court has the right to order full discovery regarding the financial circumstances of the other spouse
13 Jul 2010, 9:35 am by PaulKostro
” Isaacson v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Where the appellate court is unable to detect an express rationale for an attorneys’ fees award, the appellate court must remand for a proper explanation of reasons
11 Dec 2011, 6:20 pm by PaulKostro
In Mani v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Settlement agreements are contracts, and are governed by contract principles
5 May 2010, 8:41 am by PaulKostro
V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
A motion for reconsideration is designed to seek review of an order based on the evidence before the court on the initial motion, not to serve as a vehicle to introduce new evidence in order to cure an inadequacy in the motion record
25 Oct 2010, 2:35 pm by PaulKostro
SUTER V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
To warrant a punitive award, the defendant’s conduct must have been wantonly reckless or malicious
11 Aug 2010, 9:26 am by PaulKostro
Corp. 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
In Crowe v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Collateral estoppel bars a party from relitigating any issue which was actually determined in a prior action
22 Apr 2010, 9:15 am by PaulKostro
[Olivieri v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Although equity demands that spouses be afforded an opportunity to seek modification, the opportunity need not include a hearing when the material facts are not in genuine dispute
5 May 2011, 6:40 am by PaulKostro
RINDNER v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
A decrease in the supporting spouse’s income is one form of changed circumstance that may warrant a modification of that spouse’s alimony obligation
9 Aug 2010, 8:26 am by PaulKostro
See Storey v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues