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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
Courts faced with spoliation claims should strive to impose a remedy that will serve the ends of justice by creating a level playing field, by ensuring that the consequence of the lost evidence falls on the spoliator rather than on an innocent party, and
3 Aug 2010, 1:42 pm by PaulKostro
Co. 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
It is impermissible for the court to assume in advance, and in the absence of a factual context, that cohabitation would eliminate the former spouse’s need
3 May 2010, 2:06 pm by PaulKostro
KERRIDGE 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
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
To obtain a modification of an arrangement for parenting time specified in a court order, the parent must establish that circumstances have changed since the order in place was entered; and that, as a result of the new circumstances, the present arrangeme
1 Feb 2010, 8:32 am by PaulKostro
WALDEN V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Due process requires that, in order for a forum state to exercise personal jurisdiction over a defendant, the defendant must have minimum contacts with the forum such that maintenance of the lawsuit does not offend traditional notions of fair play and sub
22 Oct 2010, 3:51 pm by PaulKostro
V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Appeals are taken from orders and judgments, not from opinions
30 Jul 2010, 10:14 am by PaulKostro
., Do-Wop Corp. v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Workplace computers and the attorney client privilege – Part 3
30 Mar 2010, 4:32 pm by PaulKostro
Stengart v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
At a minimum, due process requires that a party in a judicial hearing receive notice defining the issues and an adequate opportunity to prepare and respond
29 Apr 2010, 1:58 pm by PaulKostro
See, e.g., Brun v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
The introduction of evidence concerning other crimes, wrongs, or acts is prohibited when offered to prove the disposition of a person to engage in unlawful conduct
15 May 2012, 8:36 am by PaulKostro
’” State v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
In exercising its discretion as to the mode and scheduling of disposition of motions, the court shall ordinarily grant requests for oral argument on substantive and non-routine discovery motions and ordinarily deny requests for oral argument on calendar a
8 Jul 2010, 11:18 am by PaulKostro
MICHAEL PALOMBI 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
Frivolous litigation sanctions may be imposed pursuant if the judge finds at any time during the proceedings or upon judgment that a complaint, counterclaim, cross-claim or defense of the nonprevailing person was frivolous
11 Aug 2010, 9:19 am by PaulKostro
Fagas v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Medical opinions in hospital records should not be admitted under the business records exception where the opponent will be deprived of an opportunity to cross-examine the declarant on a critical issue such as the basis for the diagnosis or cause of the c
17 May 2012, 5:38 am by PaulKostro
Law Lessons from Konop v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
That the parties did not utilize the guidelines in establishing the support obligation in a prior settlement agreement does not absolve the judge from his/her legal obligation to make a guidelines calculation as the starting point for determining the part
5 Oct 2010, 11:20 am by PaulKostro
Zazzo v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Attorney fee awards are based in part on the hourly rate of the attorney, compated to the rates charged for similar services of attorneys in the community with comparable skill, experience, and reputation
1 Sep 2010, 8:58 am by PaulKostro
WALKER V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Changed circumstances includes situations arising after the original divorce judgment such as the supporting spouse’s increase or decrease in income; illness, disability or infirmity; and the dependent spouse’s subsequent employment
21 May 2010, 2:21 pm by PaulKostro
(quoting Chalmers v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
A judge should not confer or meet with one party or attorney to the exclusion of the adversary unless there is express consent, or unless necessary or an aspect or matter having nothing to do with the merits or ultimate disposition of any issue
18 May 2010, 9:15 am by PaulKostro
See also Zukerman v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues