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When a supporting spouse brings an application for a downward modification of support, the main focus is the supporting spouse’s ability to pay
25 Jun 2009, 4:05 am
Lepis v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Whether or not a fee is paid, one who assumes to give legal advice takes on the role of an attorney
25 Jun 2009, 3:43 am
(quoting Reardon v. [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
Where there is no act or threat of violence, there may be no need for a restraining order
24 Jun 2009, 8:39 am
Kamen 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
In considering production of tax returns, a judge must first find the party seeking the returns has demonstrated good cause.
24 Jun 2009, 8:01 am
De Graaff 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
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
DEG, LLC v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
When the alleged victim of domestic violence seeks a restraining order as the principal claim for relief, the right to trial by jury does not attach
19 Jun 2009, 1:39 pm
Crespo v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Is an indigent DV defendant entitled to the appointment of counsel?
19 Jun 2009, 1:32 pm
Law Lessons from Crespo v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
In compelling circumstances a trial judge maypermit limited discovery in a DV action
19 Jun 2009, 1:27 pm
Crespo v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
DV need only be proven by the preponderance standard
19 Jun 2009, 1:16 pm
Crespo v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
An obligor is not entitled to sit idly by, make no effort to replace the lost income, and expect a judge will relieve him of his alimony obligation
19 Jun 2009, 7:55 am
The court observed in Donnelly v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Domestic violence is ordinarily more than an isolated aberrant act
17 Jun 2009, 6:51 pm
Bittner 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
After a divorce, a former spouse is no longer the beneficiary undear a life insurance policy
17 Jun 2009, 3:12 am
Hadfield v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
For purposes of equitable distribution, marital assets may be divided into passive and active assets
16 Jun 2009, 3:48 am
Scavone v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
To award counsel fees in a matrimonial action, the judge must consider the factors set forth in the court rule on counsel fees, the financial circumstances of the parties, and the good faith or bad faith of either party
12 Jun 2009, 2:35 am
Thus, as the court held in Chestone v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
A payor spouse is as much entitled to reconsideration of alimony where there has been a significant change for the better in the circumstances of the dependent spouse as where there has been a significant change for the worse in the payor’s own
10 Jun 2009, 4:15 pm
Law Lessons from Weber v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Child support can be modified retroactive to the date of death of a child
10 Jun 2009, 5:15 am
In a case that presents the closest analogy with the case at bar, the court in Mahoney v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues