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An award of fees against a bad faith litigant is not a sanction, or punitive, but reflects the additional and unnecessary costs imposed on the innocent party
13 Mar 2012, 8:51 am by PaulKostro
Yueh v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Retroactive reduction of child support based upon a child’s emancipation is not prohibited
9 Mar 2011, 2:09 pm by PaulKostro
Div. 1995); Thorson v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Where the client by words or conduct communicated to the adverse attorney, engenders a reasonable belief that the attorney possesses authority to conclude a settlement, the settlement may be enforced
13 Nov 2011, 11:46 am by PaulKostro
Smith v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Dismissal with prejudice is the equivalent of a judgment on the merits
26 Nov 2011, 10:09 am by PaulKostro
See Velasquez v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Malicious prosecution
11 Dec 2011, 6:24 pm by PaulKostro
Jobes v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
When no finding was necessary at the time of the parties’ divorce by virtue of their settlement, their standard of living remains the touchstone for subsequent motions for modification of the alimony award based upon a claim of changed circumstances
13 Nov 2011, 8:07 am by PaulKostro
Law Lessons from Rains v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
An appellate court will not disturb a decision to deny an adjournment or a request to examine a witness telephonically, unless the appellate court determines that the trial judge abused her discretion
16 Apr 2012, 5:49 pm by PaulKostro
Lynch v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
An abuse of discretion arises when a decision is made without a rational explanation, inexplicably departed from established policies, or rested on an impermissible basis
12 Jul 2012, 12:37 pm by PaulKostro
Essex Cnty. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
A motion for reconsideration is a matter to be exercised in the trial court’s sound discretion
15 Feb 2011, 12:33 pm by PaulKostro
NOTE: My legal and mediation services are offered to clients in Union, Middlesex, Somerset, Essex, Hudson, Bergen, and Morris counties in NJ. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
In a matrimonial action, financial need is not the sole factor to be considered in determining a counsel fee award
5 Aug 2010, 11:26 am by PaulKostro
Williams v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
There is nothing to preclude the parties from agreeing to a change in the PSA
10 Dec 2009, 9:42 am
V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
An individual act previously rejected as insufficient to constitute domestic violence may take on greater significance because the prior act is later repeated in a manner that may amount to a course of conduct prohibited by the Domestic Violence Act
16 Apr 2010, 9:15 am by PaulKostro
V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Collateral estoppel effect of federal judgments
20 Aug 2012, 2:28 pm by PaulKostro
Law Lessons from Jamie Gannon and Rebecca Gannon v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
The doctrine of unclean hands
6 Jan 2012, 9:10 am by PaulKostro
MUNZO V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
A stipulation to joint legal custody constitutes the parties’ agreement to share authority and responsibility for making major decisions regarding the welfare of the children, calling upon both parents to remain decision-makers in the lives of their chi
26 Jan 2012, 10:51 am by PaulKostro
” Beck v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
The material breach of a contract by one party can excuse further performance by the other party
4 Oct 2010, 12:09 pm by PaulKostro
TARAKJI V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
What is judicial discretion?
13 Oct 2010, 12:25 pm by PaulKostro
See State v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Where the parties do not agree to one or more essential terms of a contract, the agreement is unenforceable
13 Apr 2010, 8:49 am by PaulKostro
Realtors v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
An equitable distribution judgment obtained by fraudulent conduct must be reopened to avoid injustice and inequity
24 Feb 2010, 12:36 pm by PaulKostro
TEPE V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
An expert opinion may be corroborated, confirmed or bolstered by hearsay, but may not rely exclusively or primarily on it
29 Apr 2010, 9:31 am by PaulKostro
” Glowacki v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues