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A court should defer any action on a motion for modification of child support filed by an obligor who has been sentenced to a lengthy period of incarceration and has no assets, and transfer the matter to the inactive calendar pending the obligor’s release
4 Mar 2010, 8:51 am by PaulKostro
This Blog/Blawg, NJ Family Issues, is managed by Paul G. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
The goal of a proper alimony award is to provide both parties a lifestyle that is reasonably comparable to the one enjoyed prior to their separation
4 Mar 2010, 8:46 am by PaulKostro
This Blog/Blawg, NJ Family Issues, is managed by Paul G. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Judicial estoppel prevents litigants from playing fast and loose with, or otherwise manipulating, the judicial process
4 Mar 2010, 7:18 am by PaulKostro
This Blog/Blawg, NJ Family Issues, is managed by Paul G. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
The doctrine of forum non conveniens
4 Mar 2010, 7:09 am by PaulKostro
This Blog/Blawg, NJ Family Issues, is managed by Paul G. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Vicious and Dangerous Dogs
4 Mar 2010, 6:59 am by PaulKostro
This Blog/Blawg, NJ Family Issues, is managed by Paul G. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
To determine the reasonableness of attorney’s fees, the judge must first calculate the lodestar, which is the amount of hours reasonably expended by the prevailing party’s attorney, multiplied by a reasonable hourly rate; further, the judge must determine
3 Mar 2010, 12:39 pm by PaulKostro
This Blog/Blawg, NJ Family Issues, is managed by Paul G. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
To be effective, an accord and satisfaction necessitates a finding that the party making the tender and the party accepting the tender each intends the acceptance to serve as full satisfaction of the entire disputed obligation
3 Mar 2010, 12:33 pm by PaulKostro
This Blog/Blawg, NJ Family Issues, is managed by Paul G. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
The court may, for good cause, direct the entry of judgment of adoption nunc pro tunc as of the date the petition for adoption was instituted
3 Mar 2010, 12:28 pm by PaulKostro
Burdick v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Instances of domestic violence that were not the underlying acts leading to the TRO, are not subject to the a one-year statute of limitations incorporated in the PDVA, or the defense of laches
2 Mar 2010, 3:10 pm by PaulKostro
Law Lessons from C.C.P V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
When determining whether a restraining order should be issued based on an act of assault or, for that matter, any of the predicate acts, the court must consider the evidence in light of whether there is a previous history of domestic violence, and whether
2 Mar 2010, 3:06 pm by PaulKostro
Law Lessons from C.C.P V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
A healthy skepticism arises when a party’s financial situation results from self-employment
2 Mar 2010, 2:59 pm by PaulKostro
” Larbig v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Good faith requires complete disclosure of relevant facts necessary to the court’s determination
2 Mar 2010, 2:56 pm by PaulKostro
” Kuron v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
If a support arrangement provided for the circumstances that are now alleged as changed, it would not ordinarily be equitable and fair to grant modification
2 Mar 2010, 2:52 pm by PaulKostro
This Blog/Blawg, NJ Family Issues, is managed by Paul G. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
The court can set aside the amount of the child support payments provided in a settlement agreement if they are unjust, oppressive and inequitable, and instead imposed child support payments in accordance with the Child Support Guidelines
1 Mar 2010, 7:46 am by PaulKostro
Law Lessons from CHRISTOPHER ANDREACI V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
The crime of terroristic threats requires a showing of three essential elements: (1) that the defendant in fact threatened the plaintiff; (2) that the defendant’s intent was to threaten the plaintiff; and (3) that a reasonable person, under an objective s
26 Feb 2010, 8:02 am by PaulKostro
V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Trial judges may intervene in questioning witnesses, especially in cases involving pro se litigants
26 Feb 2010, 7:56 am by PaulKostro
This Blog/Blawg, NJ Family Issues, is managed by Paul G. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Concealment and surprise are not to be tolerated in a modern judicial system
26 Feb 2010, 7:49 am by PaulKostro
This Blog/Blawg, NJ Family Issues, is managed by Paul G. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Environmental Law and Climate Change Law Newsletter, February 25, 2010, vol.2, no. 7
25 Feb 2010, 10:57 am by admin
The following is a summary review of articles from all over the nation concerning environmental law settlements, decisions, regulatory actions and lawsuits filed during the past week. [read post]
Taber Law Group - http://taberlaw.com
Attainment of age eighteen establishes prima facie, but not conclusive, proof of emancipation
25 Feb 2010, 9:04 am by PaulKostro
This Blog/Blawg, NJ Family Issues, is managed by Paul G. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Provisions of a pendente lite order do not survive the entry of a judgment of divorce unless expressly preserved in it or reduced to judgment prior to entry of final judgment
25 Feb 2010, 9:00 am by PaulKostro
” Mallamo v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues