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The court may enforce an agreement if it is fair and equitable, but the court’s equitable authority to modify support obligations in response to changed circumstances cannot be restricted
21 Jan 2010, 8:06 am by PaulKostro
Lepis v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
A party who filed a CIS with a misrepresentation of fact may well have committed a fraud upon the court
20 Jan 2010, 9:11 am by PaulKostro
Co. v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
A surrogate mother has parental rights with respect to the children that she gives birth to, even if that surrogate mother has no genetic link to the children.
19 Jan 2010, 2:56 pm by PaulKostro
Law Lessons from A.G.R. v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Laches is an equitable defense, which is not available to those who come before a court of equity with unclean hands
19 Jan 2010, 9:28 am by PaulKostro
Lavin v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Waiver is an equitable defenses, which is not available to those who come before a court of equity with unclean hands
19 Jan 2010, 9:21 am by PaulKostro
Knorr v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
It is improper for a court to decide a case in reliance on an expert opinion without allowing the parties to examine the expert
8 Jan 2010, 8:24 am by PaulKostro
GORSKI V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
A trial court may not refuse to consider the equitable claims raised by the estate of a deceased spouse who, during the divorce litigation, was attempting to pursue a claim that the surviving spouse had diverted marital assets
6 Jan 2010, 11:01 am by PaulKostro
Hildegard Kay v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Assistance of counsel does not apply to a civil matter; a domestic violence complaint is a civil matter
5 Jan 2010, 12:13 pm by PaulKostro
A trial court has discretion to grant or deny adjournments. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
HAGUE CONVENTION, CHILD ABDUCTION, NE EXEAT, DIVORCE, CHILD CUSTODY
5 Jan 2010, 11:46 am by PaulKostro
Supreme Court to hear oral argument on January 12, 2010 in Abbott v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
A trial court may award sufficient alimony to enable the supported spouse to accumulate reasonable savings to protect herself against the day when alimony payments may cease because of her husband’s death or other change in circumstances
1 Jan 2010, 10:27 am by PaulKostro
ZUPPICHINI V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Basis for an objection to evidence of alleged past acts of domestic violence
29 Dec 2009, 9:58 am by PaulKostro
In State v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Harassment does not automatically warrant the issuance of an FRO because the Act mandates that acts claimed by a plaintiff to be domestic violence must be evaluated in light of the previous history of violence between the parties including previous threat
24 Dec 2009, 6:29 am by PaulKostro
V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
The trial court is required to consider all sources of income and assets of each parent prior to entering a child support order
23 Dec 2009, 9:52 am by PaulKostro
JONES V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
A CIS must be filed in all contested family actions, including those involving issues of child custody
23 Dec 2009, 9:49 am by PaulKostro
JONES 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
When parties in a dissolution proceeding agree to arbitrate their dispute, the general rules governing the conduct of arbitration shall apply; however, in respect of child-custody and parentingtime issues only, a record of all documentary evidence shall b
21 Dec 2009, 10:06 am by PaulKostro
DAVID JOHNSON V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Sometimes, marital problems can give rise to allegations of violations of the Racketeer Influence and Corrupt Organizations Act
18 Dec 2009, 10:41 am by PaulKostro
NEWS: Cohen v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
The purpose of alimony is to provide the dependent former spouse with sufficient funds to maintain the marital standard of living, provided that the other spouse has the financial ability to maintain such ends
18 Dec 2009, 9:31 am by PaulKostro
” See Innes v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Factors to be evaluated when considering counsel fees in a family action
18 Dec 2009, 9:27 am by PaulKostro
Williams v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
The “law of the case” doctrine, wich discourages relitigation of un-reversed decisions made during the trial, is not applicable when the earlier decision was either ambiguous or uncertain
18 Dec 2009, 9:22 am by PaulKostro
Group, Inc. v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues