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The FAA’s clear authorization nullifies the specific prohibition of arbitration provisions in nursing home or assisted living facilities’ contracts
10 Aug 2010, 9:31 am by PaulKostro
” Young 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
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
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
Some guidance on how to qualify for Medicaid benefits
27 Nov 2009, 4:01 am
Some guidance on how to qualify for Medicaid benefits: Senior citizens and others who anticipate becoming beneficiaries of Medicaid benefits should discuss with their attorneys the significance of of the October 13, 2009 decision in A.G. 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
Emancipation does not occur automatically by reason of the dependent child reaching the age of majority
30 Jul 2010, 12:13 pm by PaulKostro
Newburgh v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Even where the child’s income is temporary or insufficient to render the child economically self-sufficient and justify emancipation, such income might be enough to constitute a change in circumstances that warrants a reduction in child support
6 Aug 2009, 10:04 am
” County of Morris v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
The applicability of the entire controversy doctrine chiefly turns on whether the separatelyasserted claims arise from related facts or the same transaction or series of transactions
17 Jun 2010, 2:46 pm by PaulKostro
V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Where the parties’ JOD or property settlement agreement omits an essential term, the court may supply a term which is reasonable in the circumstances
3 Jun 2010, 8:46 am by PaulKostro
’” Pacifico v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Courts have the authority to consider the assets and other financial circumstances of the parties in addition to their income when determining child support
23 Jul 2010, 9:45 am by PaulKostro
See Lepis v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Applications to discover the identity of those posting anonymous messages on message boards maintained by Internet service providers
3 Aug 2010, 1:47 pm by PaulKostro
TOM JUZWIAK V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
The fact that a person receives a monetary benefit from engaging in a relationship does not automatically disqualify that person from the Domestic Violence Act's benefits
10 Dec 2009, 10:08 am
V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Potential sources for imputation of salary income for child support and alimony purposes
17 Jul 2009, 2:49 pm
Potential sources for imputation of salary income for child support and alimony purposes: The Occupational Employment Statistics Wage Survey Data, published by The New Jersey Department of Labor and Workforce Development [NOTE: HURLEY v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Sometimes, it can take many years to resolve all the issues stemming from a divorce.
12 Oct 2009, 1:44 pm
The case is: Richard ZINN v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
The carte blanche acceptance of one party’s contentions as to the valuation of disputed items with no articulation by way of factual preference or analysis does not represent an adequate finding of fact
22 Jul 2009, 2:20 pm
Esposito v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
When the movant is seeking modification of an alimony award, that party must demonstrate that changed circumstances have substantially impaired the ability to support himself or herself
27 May 2010, 12:29 pm by PaulKostro
” Lepis, supra, 83 N.J. at 157; see also Miller v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Check on the validity of your Life Care Contract
26 Mar 2010, 10:37 am by PaulKostro
V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
If you have a small or family business, consult with a lawyer!
8 Apr 2010, 7:58 am by PaulKostro
For an example, read the sad story of: JP MORGAN CHASE BANK V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues