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Who can demand the return of a gift that was the product of undue influence?
27 Aug 2009, 4:57 pm
Law Lessons from Cohen v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Under the UCCJEA a New Jersey court does not have jurisdiction to modify New York custody orders unless New Jersey was the children’s “home state” at the time plaintiff filed his motion for custody and other relief
27 Aug 2009, 4:29 pm
See Peregoy v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Under the Hague Convention, habitual residence must not be confused with domicile
25 Aug 2009, 3:12 pm
Picture by Lummmy In Feder v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
If a motion for summary judgment is made during discovery, and the incompleteness of discovery is raised as a defense, that party must establish that there is a likelihood that further discovery would supply the necessary information
25 Aug 2009, 9:45 am
Georges] Avenue (Route 27), Linden, Union County, NJ. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
The net opinion rule is a prohibition against speculative testimony
24 Aug 2009, 1:28 pm
Georges] Avenue (Route 27), Linden, Union County, NJ. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Photographs as evidence
23 Aug 2009, 3:44 pm
Georges] Avenue (Route 27), Linden, Union County, NJ. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
There is no bar to the cancellation of child support arrearages, which accrued subsequent to the date of a child’s emancipation as retroactively determined by the court
20 Aug 2009, 10:36 am
Mahoney v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
In the case of a closely-held corporation, valuation is particularly difficult because the corporation’s stock is not available on the public market
19 Aug 2009, 9:31 am
Bowen v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
There is a rebuttable presumption that each party made a substantial financial or nonfinancial contribution to the acquisition of income and property while the party was married
19 Aug 2009, 9:25 am
[Rothman v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
A judge may appropriately impute income to an obligor spouse based upon his or her investments in income-producing equities
14 Aug 2009, 4:55 am
Miller v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Laches is an equitable principle applied to a party who, without explanation or excuse, delayed in asserting a claim now stale
14 Aug 2009, 3:53 am
Knorr v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
The obligor is entitled to periodic review of his child support obligation; that entitlement, however, does not relieve defendant of the obligation to prove changed circumstance when seeking a downward modification in the course of such a review
11 Aug 2009, 10:00 am
GORSKI V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Court jurisdiction in a divorce action
11 Aug 2009, 9:53 am
” Gosschalk v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
If New Jersey was the children’s home state at the time of the initial custody determination, the court must consider whether, during the time between the initial order and the filing of the motion for modification, circumstances have changed so
11 Aug 2009, 9:42 am
Griffith v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Motion for summary judgment — should it be granted?
11 Aug 2009, 9:28 am
Georges] Avenue (Route 27), Linden, Union County, NJ. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
A court-appointed counsel acts as an independent legal advocate for the best interests of the child and takes an active part in the hearing, while a guardian ad litem acts as an independent factfinder, investigator and evaluator as to the best interests
10 Aug 2009, 10:23 am
Isacson v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
When a parent seeks to modify custody, the parent must demonstrate changed circumstances that affect the welfare of the children
10 Aug 2009, 10:07 am
Hand v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
A defendant has the burden to presented evidence to support a claim of self-defense
10 Aug 2009, 10:00 am
See N.J.S.A. 2C:3-4; State v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
The term Book Value has no one fixed meaning; rather, the meaning of the phrase Book Value depends upon the construction of the specific language used in the particular instrument wherein that term is stated
10 Aug 2009, 9:46 am
Cohen 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