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For federal income tax purposes, parties who enter into a divorce from bed and board are "unmarried"
14 Dec 2009, 12:51 pm
Code Sec. 7703(a)(2), Garsaud v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
The N.J. Parentage Act provides the means for legally identifying the father, by granting the alleged father or any person with an interest recognized as justiciable by the court, standing to bring an action for the purpose of determining the existence o
11 Dec 2009, 9:47 am
" R.A.C. 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
Completion of undergraduate education is not the determinative factor for either declaring emancipation or terminating child support
10 Dec 2009, 9:59 am
Georges] Avenue (Route 27), Linden, Union County, NJ. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Domestic violence can be proven by the preponderance of the evidence standard
10 Dec 2009, 9:47 am
V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
There is nothing to preclude the parties from agreeing to a change in the PSA
10 Dec 2009, 9:42 am
V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
In deciding how the marital estate should be equitably distributed, both the liabilities and assets must be taken into account
9 Dec 2009, 8:43 am
JACKSON V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
The length of the marriage and the proper amount or duration of alimony do not correlate in any mathematical formula
9 Dec 2009, 8:40 am
JACKSON V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Custody and visitation may be restricted, or even terminated, where the relation of one or both parents with the child could cause emotional or physical harm to the child
8 Dec 2009, 8:54 am
Wilke v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Although title vests in the heirs upon the death of the deceased, the property is nonetheless subject to the supervision of the Executor and the Probate Court
8 Dec 2009, 8:26 am
See also Egner v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
There is rarely direct proof of intent to harass, and purpose may and often must be inferred from what is said and done and the surrounding circumstances
3 Dec 2009, 8:03 am
V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
A judicial officer in the performance of his duties has absolute immunity from suit and will not be liable for his judicial acts
3 Dec 2009, 6:20 am
Capogrosso v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
For there to be a waiver of arbitration rights, a party must know of the right and affirmatively state the intent to waive the right
3 Dec 2009, 6:18 am
Morris, 194 N.J. 364, 375-76 (2008); Martindale v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
The law affords particular leniency to agreements made in the domestic arena and similarly allows judges greater discretion when interpreting these agreements
1 Dec 2009, 2:12 pm
Georges] Avenue (Route 27), Linden, Union County, NJ. [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
Georges] Avenue (Route 27), Linden, Union County, NJ. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Compliance with the FRO over several years, without more, is not enough to dissolve or modify a FRO
20 Nov 2009, 6:26 am
V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Delay is one factor that weighs against entry of an order compelling a contribution to post-secondary education; but, it is not a bright line rule permitting automatic denial whenever a request is filed after educational expense has been incurred
18 Nov 2009, 10:22 am
Georges] Avenue (Route 27), Linden, Union County, NJ. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
An important indicator of what parties to an agreement intend is their course of performance tendered pursuant to that agreement
18 Nov 2009, 10:14 am
Georges] Avenue (Route 27), Linden, Union County, NJ. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Parties may contract for the continuation of alimony beyond the date of a supported spouse's remarriage
17 Nov 2009, 10:56 am
Georges] Avenue (Route 27), Linden, Union County, NJ. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
A current spouse's income may have relevance to child support, to the extent that its availability impacts the financial resources of the parent of primary residence
17 Nov 2009, 10:49 am
See Hudson v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues