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The provisions of the FAA are exclusive and cannot be expanded through contractual agreement
5 Aug 2009, 11:00 am
C. v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Because of the legal and familial consequences of a FRO, the trial judge must take pains in a pro se case to ensure that the rights of both parties are respected in a domestic violence hearing
5 Aug 2009, 10:17 am
[Peterson v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
The right of a third party to garnish assets of a beneficiary of a spendthrift trust is limited to disbursements from the trust and if disbursements are wholly within the trustee’s discretion, the court may not order the trustee to make such dis
4 Aug 2009, 10:57 am
Shaffer v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Parental responsibility is a relevant factor in determining whether a supporting spouse with diminished earnings has acted reasonably
3 Aug 2009, 8:57 am
See Crews v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
The specific purpose of rehabilitative alimony is to enable the supported spouse to complete the preparation necessary for economic self-sufficiency
3 Aug 2009, 8:47 am
Heinl v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
The doctrine of probable intent is not applicable where a Will is clear on is face and there is no failure of any bequest or provision
3 Aug 2009, 8:13 am
” Id. at 442 (citing Burke, supra, 48 N.J. at 64-65; Engle v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
A N.J. trial court does not have the authority to transfer court proceedings to another state
30 Jul 2009, 1:02 pm
Pek v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Divorce from Bed & Board — federal income tax Filing Status
30 Jul 2009, 10:09 am
Freyre v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
If the parties have stipulated by agreement that the husband will pay counsel fees to the wife in an amount to be fixed by the court, the court cannot refuse to allow any counsel fees
30 Jul 2009, 5:13 am
” County of Morris v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Default interest rates, like late fees, are presumed reasonable
30 Jul 2009, 5:06 am
” County of Morris v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
The taking of a position in litigation that could be supported by a good faith argument for an extension, modification or reversal of existing law negates a claim for frivolous litigation
30 Jul 2009, 3:32 am
Semexant v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
A legal permanent resident who becomes an ‘aggravated felon’ may be deported from the US
27 Jul 2009, 10:40 am
See Singh v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
A claim is frivolous if no rational argument can be advanced in its support, when it is unsupported by any credible evidence, when a reasonable person could not have expected its success, or when it is completely untenable
23 Jul 2009, 6:02 am
Law Lessons from Khoury v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Where the predicate act of trespass had occurred, a domestic violence restraining order may not be warranted if the trespass was unaccompanied by violence or a threat of violence
23 Jul 2009, 4:21 am
” Corrente 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
The Domestic Violence Act does not seek to protect only those who are involved in a sexual relationship and exclude those who are involved in fraternization
22 Jul 2009, 2:04 pm
Andrews v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Settlement agreements must be enforced as other contracts are
22 Jul 2009, 1:40 pm
See Jennings [v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
A jurisdiction that establishes a spousal support order retains continuing exclusive jurisdiction for the life of the order.
21 Jul 2009, 4:38 am
ANDREW PEK v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
A trial judge may interrogate any witness to clarify the witness’s testimony, expedite a trial, prevent delay or waste of time, or help elicit facts
20 Jul 2009, 8:54 am
(citing State v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
An excited utterance is a statement relating to a startling event or condition made while the declarant was under the stress of excitement caused by the event or condition and without opportunity to deliberate or fabricate
20 Jul 2009, 8:43 am
In State v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues