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Once an otherwise fit parent demonstrates that the PPR is facing deployment for a significant period of time (e.g., one year or more), she has demonstrated a prima facie case and is entitled to a plenary hearing as to disputed material facts regarding th
17 Dec 2009, 9:05 am
ANDREW FAUCETT V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Spousal agreements may condition the cessation of alimony on certain conditions, and they may allow alimony to survive remarriage
16 Dec 2009, 8:00 am
In addition, the court may not make a "new or better" agreement for the parties than the one they reached. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
The right to a speedy trial
15 Dec 2009, 7:42 am
In 1984, Chief Justice Wilentz issued a directive, later echoed in Municipal Court Bulletin letters from the Administrative Office of the Courts, that municipal courts should attempt to dispose of DWI cases within sixty days. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
What constitutes a Rooming/Boarding House?
15 Dec 2009, 7:07 am
New Jersey courts "have consistently invalidated zoning ordinances intended 'to cure or prevent anti-social conduct in dwelling situations.'" Borough of Glassboro v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
The N.J. Parentage Act provides the means for legally identifying the father, by granting the alleged father or any person with an interest recognized as justiciable by the court, standing to bring an action for the purpose of determining the existence o
11 Dec 2009, 9:47 am
" R.A.C. v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
The fact that a person receives a monetary benefit from engaging in a relationship does not automatically disqualify that person from the Domestic Violence Act's benefits
10 Dec 2009, 10:08 am
V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Completion of undergraduate education is not the determinative factor for either declaring emancipation or terminating child support
10 Dec 2009, 9:59 am
V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Although title vests in the heirs upon the death of the deceased, the property is nonetheless subject to the supervision of the Executor and the Probate Court
8 Dec 2009, 8:26 am
See also Egner v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
There is rarely direct proof of intent to harass, and purpose may and often must be inferred from what is said and done and the surrounding circumstances
3 Dec 2009, 8:03 am
V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
A judicial officer in the performance of his duties has absolute immunity from suit and will not be liable for his judicial acts
3 Dec 2009, 6:20 am
Capogrosso v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
For there to be a waiver of arbitration rights, a party must know of the right and affirmatively state the intent to waive the right
3 Dec 2009, 6:18 am
Morris, 194 N.J. 364, 375-76 (2008); Martindale 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
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
An important indicator of what parties to an agreement intend is their course of performance tendered pursuant to that agreement
18 Nov 2009, 10:14 am
" Dolce v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Parties may contract for the continuation of alimony beyond the date of a supported spouse's remarriage
17 Nov 2009, 10:56 am
Michaels v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
A current spouse's income may have relevance to child support, to the extent that its availability impacts the financial resources of the parent of primary residence
17 Nov 2009, 10:49 am
See Hudson v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
If litigants choose to represent themselves, they are required to follow accepted rules of procedure to guarantee an orderly process
10 Nov 2009, 7:15 am
" Rosenblum 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
Limited duration alimony is not intended to facilitate the earning capacity of a dependent spouse or to make a sacrificing spouse whole, but rather to address those circumstances where an economic need for alimony is established, but the marriage was of
9 Nov 2009, 6:28 am
See Cox v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Once a prima facie showing of changed circumstances has been made, the standard that governs the setting of a new child support order is the same standard that applies at the time of the original judgment of divorce
9 Nov 2009, 6:22 am
Lepis v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues