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Several markers have been identified as creating a presumption of emancipation, including reaching the age of eighteen, marriage, and enlisting in the armed forces
29 Jun 2009, 4:43 am
Indeed, our Supreme Court and this court have held that reaching the age of eighteen “establishes prima facie, but not conclusive, proof of emancipation. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Cohabitation involves an intimate relationship in which the couple has undertaken duties and privileges that are commonly associated with marriage
24 Jun 2009, 8:53 am
Gayet, 92 N.J. 149 (1983), the Court held that “cohabitation” was a changed circumstance under Lepis v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Who pays for discovery?
4 Jun 2010, 6:37 am by PaulKostro
In Smithey v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
In a temporary custody dispute between a natural parent and a third party, such as a grandparent, there is no presumption in favor of the biological parent
20 May 2010, 3:16 pm by PaulKostro
Watkins v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Payor’s incarceration is but one factor among others to be weighed by the trial court in determining whether to grant a payor’s request for relief from payment from support obligations while imprisoned
17 Jun 2009, 11:31 am
Kuron v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Petitions to Watch | Conference of 6.24.10
22 Jun 2010, 12:41 pm by Erin Miller
Philip Morris USA (09-978); Altria Group v. [read post]
SCOTUSblog - http://www.scotusblog.com/
When seeking enforcement of a judgment, the rightness or wrongness of the original determination at the time it was made may not be as important as what has since transpired or been learned to render its enforcement inequitable
16 Jun 2010, 10:43 am by PaulKostro
Co. v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
The specific purpose of rehabilitative alimony is to enable the supported spouse to complete the preparation necessary for economic self-sufficiency
3 Aug 2009, 8:47 am
Heinl v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Great sex, in your own home, can get you arrested
16 Mar 2010, 6:02 am by PaulKostro
” State v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
For alimony modification, a starting point needs to be established to measure change from
10 Jul 2009, 8:26 am
Even still, a court may not “presuppose an arbitrary or false starting point. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Because of the legal and familial consequences of a FRO, the trial judge must take pains in a pro se case to ensure that the rights of both parties are respected in a domestic violence hearing
5 Aug 2009, 10:17 am
[Peterson v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
There is a two-step hearing process for adjudicating contested cases of abuse or neglect
5 Feb 2010, 3:36 pm by PaulKostro
Div. of Youth and Family Servs. v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
The purpose of pendente lite support is to preserve the status quo
9 Jul 2009, 9:37 am
Mallamo v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
The fact-finding hearing is a critical element of the abuse and neglect process; the judge’s determination, therefore, must be based on competent reliable evidence
14 Apr 2010, 6:55 am by PaulKostro
All documentary exhibits considered by the court must be clearly identified for appellate review. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Default interest rates, like late fees, are presumed reasonable
30 Jul 2009, 5:06 am
” County of Morris v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Parental autonomy includes the freedom to decide wrongly
2 Jul 2009, 4:56 am
See Prince v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Because of the favored status afforded to arbitration, an agreement to arbitrate should be read in favor of arbitration
24 Jun 2009, 7:44 am
Muhammad v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Laches is an equitable defense that may be interposed in the absence of the statute of limitations and has been defined as an inexcusable delay in asserting a right
3 Jun 2010, 8:43 am by PaulKostro
Ctr. v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Parental responsibility is a relevant factor in determining whether a supporting spouse with diminished earnings has acted reasonably
3 Aug 2009, 8:57 am
See Crews v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
The “work product” doctrine protects from disclosure those documents and other tangible things that a party or a party’s representative prepares in anticipation of litigation
24 Jun 2009, 8:15 am
[Rivard v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues