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While incorporation of a PSA into a divorce decree does not render it immutable, nor its terms solely governed by contract law, nevertheless, if found to be fair and just, it is specifically enforceable in equity
4 Aug 2011, 7:34 am by PaulKostro
NOTE: My legal and mediation services are offered to clients in Union, Middlesex, Somerset, Essex, Hudson, Bergen, and Morris counties in NJ. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
FORT LEE TEANECK FRANKLIN LAKES DUMONT BERGEN COUNTY NEW JERSEY DIVORCE BUSINESS VALUATION MEDIATOR ATTORNE
27 Jul 2011, 4:44 am by Charles Abut
      Cohen, etc. et al. v. [read post]
New Jersey Family Law - http://njdivorceblog.typepad.com/new_jersey_divorce_law_me/
As a matter of simple justice, no indigent defendant should be subjected to a conviction entailing imprisonment in fact or other consequence of magnitude without first having had due and fair opportunity to have counsel assigned without cost
9 Jun 2011, 5:52 am by PaulKostro
NOTE: My legal and mediation services are offered to clients in Union, Middlesex, Somerset, Essex, Hudson, Bergen, and Morris counties in NJ. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
The proper scope of inquiry in a settlement hearing is the parties’ understanding of the terms and whether they voluntarily accepted them as fair and equitable under the circumstances
3 Jun 2011, 5:30 pm by PaulKostro
NOTE: My legal and mediation services are offered to clients in Union, Middlesex, Somerset, Essex, Hudson, Bergen, and Morris counties in NJ. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
When a motion or cross-motion is brought for the entry or modification of an order or judgment for alimony or child support based on changed circumstances, the pleading filed in support of the motion shall have appended to it a copy of the prior case info
19 May 2011, 6:14 am by PaulKostro
NOTE: My legal and mediation services are offered to clients in Union, Middlesex, Somerset, Essex, Hudson, Bergen, and Morris counties in NJ. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
In awarding counsel fees, the court must consider whether the party requesting the fees is in financial need; whether the party against whom the fees are sought has the ability to pay; the good or bad faith of either party in pursuing or defending the act
17 May 2011, 10:07 am by PaulKostro
NOTE: My legal and mediation services are offered to clients in Union, Middlesex, Somerset, Essex, Hudson, Bergen, and Morris counties in NJ. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Where an agreement provided for reimbursement for attorney’s fees if one party willfully violated its terms, the first task of the court should be to determine whether these provisions are fair and just and, thus, enforceable
29 Mar 2011, 8:19 am by PaulKostro
NOTE: My legal and mediation services are offered to clients in Union, Middlesex, Somerset, Essex, Hudson, Bergen, and Morris counties in NJ. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
If deemed just, an attorney fee award may be made in favor of either party, whether or not they prevailed
10 Mar 2011, 9:28 am by PaulKostro
NOTE: My legal and mediation services are offered to clients in Union, Middlesex, Somerset, Essex, Hudson, Bergen, and Morris counties in NJ. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
It is the commonality of facts that defines the scope of the controversy and implicates the joinder requirements of the entire controversy doctrine
7 Mar 2011, 8:30 am by PaulKostro
NOTE: My legal and mediation services are offered to clients in Union, Middlesex, Somerset, Essex, Hudson, Bergen, and Morris counties in NJ. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Confidential communications between client and attorney in the course of a professional relationship are privileged
22 Feb 2011, 7:02 am by PaulKostro
NOTE: My legal and mediation services are offered to clients in Union, Middlesex, Somerset, Essex, Hudson, Bergen, and Morris counties in NJ. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
A party who willfully fails to comply with an order or judgment is properly chargeable with his adversary’s enforcement expenses
27 Jan 2011, 8:31 am by PaulKostro
NOTE: My legal and mediation services are offered to clients in Union, Middlesex, Somerset, Essex, Hudson, Bergen, and Morris counties in NJ. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
The fact that defendant must borrow money to meet his alimony obligations and maintain his lifestyle does not constitute a change in circumstances if the parties borrowed to maintain their standard of living during the marriage as well
27 Jan 2011, 8:26 am by PaulKostro
NOTE: My legal and mediation services are offered to clients in Union, Middlesex, Somerset, Essex, Hudson, Bergen, and Morris counties in NJ. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Undue influence
13 Dec 2010, 9:21 am by PaulKostro
NOTE: My legal and mediation services are offered to clients in Union, Middlesex, Somerset, Essex, Hudson, Bergen, and Morris counties in NJ. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Criteria for evaluating a claim of changed circumstances justifying relief from an order for child support and alimony
15 Nov 2010, 1:14 pm by PaulKostro
Law Lessons from TRACY LUCANTE 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
Georges] Avenue (Route 27), Linden, Union County, NJ. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Child support in high income cases
28 Oct 2010, 9:59 am by PaulKostro
Caplan 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
When parties to a contract have not agreed in respect of a term that is essential to a determination of their rights and duties, a term that is reasonable in the circumstances is supplied by the court
22 Oct 2010, 9:24 am by PaulKostro
See Capanear v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Before determining that a party is entitled to equitable distribution of an asset simply because it was not included in a PSA, the judge is required to decide whether such a result is fair and just under all the circumstances
20 Oct 2010, 11:39 am by PaulKostro
Addesa v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
A hearing on a custody dispute should be scheduled no later than six months after the filing of the last responsive pleading
13 Oct 2010, 12:28 pm by PaulKostro
Law Lessons from YOLANDA McCAIN V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues