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When your child gets in trouble with the law … LOOKOUT!
21 Jul 2010, 7:37 am by PaulKostro
{See State v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
If you have an unrecorded Deed, it may not save your house from foreclosure
21 Jul 2010, 6:46 am by PaulKostro
V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
A profile posted on a social media networking site can be used as evidence
20 Jul 2010, 9:02 am by PaulKostro
Clair v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
The harassment statute is aimed at the manner of the communication and not the content of the offending statement
20 Jul 2010, 8:07 am by PaulKostro
V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Factors to be considered on a motion for modification of alimony include the dependant spouse’s needs, that spouse’s ability to contribute to the fulfillment of those needs, and the supporting spouse’s ability to maintain the dependant spouse at the forme
20 Jul 2010, 8:01 am by PaulKostro
COLEMAN V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
The linchpin in any motion addressed to dismissal of a final restraining order should be whether there have been substantial changed circumstances since its entry that constitute good cause for consideration of dismissal
19 Jul 2010, 3:39 pm by PaulKostro
V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
The commission of a predicate act does not automatically require that a restraining order be issued
19 Jul 2010, 3:35 pm by PaulKostro
V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
To admit expert testimony, the matter must concern a subject that is beyond the understanding of an average juror, and the field testified to must be at a state of the art such that an expert’s testimony could be sufficiently reliable
19 Jul 2010, 3:30 pm by PaulKostro
State v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
The likelihood of prejudice is acute when the proffered evidence is proof of a defendant’s uncharged misconduct
19 Jul 2010, 3:26 pm by PaulKostro
Georges] Avenue (Route 27), Linden, Union County, NJ. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
When calculating child support, overnight is defined as the majority of a 24-hour day (i.e. more than 12 hours)
19 Jul 2010, 3:16 pm by PaulKostro
GIUNTA V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
In fixing an order of child support, trial courts must begin with the parties’ average gross taxable income per week
19 Jul 2010, 3:11 pm by PaulKostro
GIUNTA V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
A trial judge must articulate the findings of fact and conclusions of law that lead to a particular result
19 Jul 2010, 3:02 pm by PaulKostro
GIUNTA V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Retroactive awards of child support may be ordered at the discretion of the trial court so long as there is some equitable basis for the decision
19 Jul 2010, 3:00 pm by PaulKostro
GIUNTA V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Under principles of issue preclusion, a plaintiff’s allegations of domestic violence rejected by a prior trial judge should not be admitted into evidence in the hearing on a subsequent domestic violence complaint
19 Jul 2010, 2:53 pm by PaulKostro
V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
In a domestic violence matter, the decision to award reasonable attorney’s fees falls within the discretion of the court
19 Jul 2010, 2:49 pm by PaulKostro
V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Where a motion judge made credibility determinations and may have a commitment to her findings, a post-appeal plenary hearing must be conducted before a different judge
15 Jul 2010, 10:12 am by PaulKostro
Carmichael v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
If a motion is based on facts not appearing of record, or not judicially noticeable, the court may hear it on affidavits made on personal knowledge, setting forth only facts which are admissible in evidence to which the affiant is competent to testify and
15 Jul 2010, 10:09 am by PaulKostro
Law Lessons from NELLY MARQUEZ V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Where the basis for a motion to vacate a judgment is premised upon a claim of fraud, the party objecting to the judgment must establish the fraud by clear and convincing evidence, demonstrating that “a material misrepresentation was made with intent that
15 Jul 2010, 10:05 am by PaulKostro
Georges] Avenue (Route 27), Linden, Union County, NJ. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
There are circumstances where previously known facts and information, properly established and relevant to such issues as child support, are brought to the attention of the court, and they should not, as a matter of law, be barred or disregarded
15 Jul 2010, 9:59 am by PaulKostro
Law Lessons from BARBARA SAVINI V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Principles of comity and the full faith and credit doctrine
15 Jul 2010, 9:54 am by PaulKostro
V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues