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The court shall, by an opinion or memorandum decision, either written or oral, find the facts and state its conclusions of law thereon on every motion decided by a written order that is appealable as of right
16 Jun 2010, 10:46 am by PaulKostro
’” Strahan v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Harassment is defined as engaging in alarming conduct with purpose to alarm or seriously annoy another person
24 May 2010, 7:43 am by PaulKostro
We have found harassment where defendant kicked down a bathroom door while plaintiff was inside and threw furniture and other objects in her presence, Zappaunbulso v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
The right to receive child support may not be waived by a custodial parent
21 May 2010, 3:03 pm by PaulKostro
Super. at 512; Savarese v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
When a pro se litigant is a law firm earning its income from the private practice of law, there is no reason why that firm should not be entitled to the recovery of attorney’s fees under the offer of judgment rule
2 Nov 2010, 12:23 pm by PaulKostro
V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
A child support award calculated pursuant to the guidelines includes an amount for fees, memberships and admissions to sports, recreational, or social events, lessons or instructions; in contrast, the average cost of child care, including day camp in lieu
30 Jul 2010, 12:09 pm by PaulKostro
Law Lessons from SUZANNE ROSSI V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Under the UCCJEA a New Jersey court does not have jurisdiction to modify New York custody orders unless New Jersey was the children’s “home state” at the time plaintiff filed his motion for custody and other relief
27 Aug 2009, 4:29 pm
See Peregoy v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
A defendant seeking to reopen a default judgment due to excusable neglect must show (1) the failure to answer was excusable under the circumstances, and (2) there is an available meritorious defense
24 Jun 2009, 4:46 am
Hudson County Park Comm’n, 74 N.J. 113, 120 (1977)). [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Megan’s Law as it applies to juveniles
17 Oct 2009, 5:04 am
See also Doe v Poritz, 142 N.J. 1, 74 (1995); R. 2:11-3(e)(2). [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
The appellate court, on a showing of good cause and the absence of prejudice, may extend the time to appeal for a period not exceeding 30 days, but only if the notice of appeal was in fact served and filed within the time as extended
30 Jul 2010, 10:17 am by PaulKostro
Div. 1990); Cabrera v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
When the child’s biological parent resists termination of parental rights, it is the court’s function to decide whether the parent can raise the child without causing harm
25 Oct 2010, 2:31 pm by PaulKostro
” Parham v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
For a proper distribution of the asset, the court must determine the driving force behind the fluctuation in the value of a marital asset between the date the divorce complaint was filed and the date of distribution
9 Jul 2009, 9:25 am
Addesa v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
A claim is frivolous if no rational argument can be advanced in its support, when it is unsupported by any credible evidence, when a reasonable person could not have expected its success, or when it is completely untenable
23 Jul 2009, 6:02 am
Law Lessons from Khoury 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
The fairness of a child support award is dependent on the accurate assessment of a parent’s net income
2 Nov 2010, 12:16 pm by PaulKostro
Miller 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
Div. of Youth & Family Servs. v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
A defendant’s disability does not eliminate his duty to support the parties’ child
17 Aug 2010, 7:34 am by PaulKostro
” Mahoney 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
[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
Best interests of the child are the primary and overarching consideration in custody disputes
1 Apr 2010, 12:50 pm by PaulKostro
Beck v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
By statute, parents are presumptively required to provide for the financial support of their unemancipated children
14 Oct 2009, 9:31 am
SEWELL V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues