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In determining the issue as to whether there should be a change in an existing de facto custody arrangement, as in removal decisions, the paramount consideration is the safety, happiness, physical, mental and moral welfare of the child
27 Jan 2010, 9:24 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
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 law affords particular leniency to agreements made in the domestic arena and similarly allows judges greater discretion when interpreting these agreements
1 Dec 2009, 2:12 pm
Advocate v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
New Jersey has a strong policy disfavoring shifting of attorneys’ fees; however, fees may be awarded when a statute, court rule or a contractual agreement provides for them
5 May 2010, 8:03 am by PaulKostro
Prot. v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
The mere passage of months does not amount to changed circumstances, although, as children grow older, the parameters of parenting time may change
15 Apr 2010, 9:12 am by PaulKostro
V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
When given for consideration, a promissory note is the equivalent of a contract to pay money
19 Feb 2010, 2:08 pm by PaulKostro
Solondz v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
If changed circumstances are shown, and the joint legal custody arrangement is no longer in the best interests of the child, it is aptly within the court’s discretion to alter that arrangement
10 May 2010, 9:03 am by PaulKostro
Beck v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Harassment can be established by proof that the person, acting with purpose to harass another, engaged in any . . . course of alarming conduct or of repeatedly committed acts with purpose to alarm or seriously annoy such other person
14 May 2010, 10:09 am by PaulKostro
V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Under the Hague Convention, habitual residence must not be confused with domicile
25 Aug 2009, 3:12 pm
Picture by Lummmy In Feder v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Parents have a fundamental liberty interest in the care, custody and management of their child
29 Apr 2010, 1:50 pm by PaulKostro
Santosky 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
DURST V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Procedure under the Prevention of Domestic Violence Act
12 Jul 2010, 9:13 am by PaulKostro
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
Gayet v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Consequential damages are those fairly and reasonably contemplated by the parties at the time of the execution of the contract
11 Aug 2010, 9:29 am by PaulKostro
” Marchak v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
The emancipation of a child does not automatically occur at any specific age, but rather, is a fact sensitive inquiry
8 Feb 2010, 9:50 am by PaulKostro
SISTO V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Expert testimony is essential to determining the accuracy and trustworthiness, and therefore admissibility, of the particular GPS device used in a case
4 Nov 2009, 6:41 am
United States v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
The party seeking modification has the burden of demonstrating a change in circumstances warranting relief from the support or maintenance obligations
21 Apr 2010, 9:25 am by PaulKostro
TIGER V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
A payor spouse is as much entitled to reconsideration of alimony where there has been a significant change for the better in the circumstances of the dependent spouse as where there has been a significant change for the worse in the payor’s own
10 Jun 2009, 4:15 pm
Law Lessons from Weber 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