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After a plaintiff establishes the necessary predicate act of domestic violence by a preponderance of the evidence, the second inquiry is to determine whether a restraining order should be issued
23 Jun 2010, 2:31 pm by PaulKostro
V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Compliance with the FRO over several years, without more, is not enough to dissolve or modify a FRO
20 Nov 2009, 6:26 am
V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
C-SPAN Releases Oral Argument Audio Request History
16 Apr 2010, 11:47 am by Kedar
Summum – Denied 3-Dec Philip Morris USA Inc. v. [read post]
DailyWrit - http://dailywrit.com
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
Kuron v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Best interests of the child are the primary and overarching consideration in custody disputes
1 Apr 2010, 12:50 pm by PaulKostro
Beck v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
The party seeking to modify a custody judgment bears the burden of proof
22 Jul 2010, 8:49 am by PaulKostro
V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
The Joint Tortfeasors Contribution Law
17 Mar 2010, 9:16 am by PaulKostro
V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
When a party seeks a discovery extension after a trial date has been fixed, at a minimum, it must provide sufficient factual detail as to why an extension is required
5 Apr 2010, 2:23 pm by PaulKostro
Huszar 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
Court Rule 4:50-1 provides avenues for property settlement agreements to be attacked. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
To obtain a modification of an arrangement for parenting time specified in a court order, the parent must establish that circumstances have changed since the order in place was entered; and that, as a result of the new circumstances, the present arrangeme
1 Feb 2010, 8:32 am by PaulKostro
WALDEN V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
A court is permitted to add periods of cohabitation when determining the duration of the marital relationship, if one spouse was economically dependent upon the other during the period of cohabitation
8 Jul 2009, 5:22 am
McGee v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
The appellate court, on a showing of good cause and the absence of prejudice, may extend the time to appeal for a period not exceeding 30 days, but only if the notice of appeal was in fact served and filed within the time as extended
30 Jul 2010, 10:17 am by PaulKostro
Div. 1990); Cabrera v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
It is inappropriate, when restraints are civilly required, for a Family Part judge to rely on restraints issued in a parallel criminal proceeding
23 Jul 2010, 9:38 am by PaulKostro
V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
The award of spousal support is broadly discretionary
26 May 2010, 9:50 am by PaulKostro
[Steneken v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
A child support award calculated pursuant to the guidelines includes an amount for fees, memberships and admissions to sports, recreational, or social events, lessons or instructions; in contrast, the average cost of child care, including day camp in lieu
30 Jul 2010, 12:09 pm by PaulKostro
Law Lessons from SUZANNE ROSSI V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
A judge should not confer or meet with one party or attorney to the exclusion of the adversary unless there is express consent, or unless necessary or an aspect or matter having nothing to do with the merits or ultimate disposition of any issue
18 May 2010, 9:15 am by PaulKostro
See also Zukerman v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
The Heart Balm Act abolished the common law right to recover damages for conduct which undermines the conjugal rights associated with marriage, such as the breach of a promise to marry or the tort of alienation of affection
3 May 2010, 2:27 pm by PaulKostro
V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
The act of allowing a child to witness domestic violence does not equate to abuse or neglect of the child in the absence of additional proofs
5 Aug 2010, 11:54 am by PaulKostro
In G.S. v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Photographs as evidence
23 Aug 2009, 3:44 pm
Law Lessons from CUSUMANO v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
To meet the burden of general acceptability, the proponent of the scientific evidence must prove that the technology is a non-experimental, demonstrable technique that the relevant scientific community widely, but perhaps not unanimously, accepts as relia
23 Jun 2010, 3:35 pm by PaulKostro
Div. 2010), A-6218-07, June 22, 2010: Although in 1993 the United States Supreme Court abandoned the general acceptability standard in Frye v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues