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Modification for changed circumstances resulting from cohabitation applies only if one cohabitant supports or subsidizes the other under circumstances sufficient to entitle the supporting spouse to relief
3 Nov 2010, 7:46 am by PaulKostro
” Gayet 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 a domestic violence matter, the decision to award reasonable attorney’s fees falls within the discretion of the court
19 Jul 2010, 2:49 pm by PaulKostro
V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
A defendant’s right to challenge, by cross-examination, the allegations brought against him in a domestic violence proceeding is critically important
12 Aug 2010, 8:29 am by PaulKostro
V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
In a matrimonial action, financial need is not the sole factor to be considered in determining a counsel fee award
5 Aug 2010, 11:26 am by PaulKostro
Williams v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
An alimony award need not be increased to compensate for the fact the payments are taxable income
5 Jan 2010, 12:09 pm by PaulKostro
FOX V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Malicious prosecution is the institution of a lawsuit to seek a remedy without reasonable or probable cause to support it
12 Aug 2010, 8:35 am by PaulKostro
V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
In construing a contract, literalism must give way to context
12 Aug 2010, 9:09 am by PaulKostro
V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Retroactive awards of child support may be ordered at the discretion of the trial court so long as there is some equitable basis for the decision
19 Jul 2010, 3:00 pm by PaulKostro
GIUNTA V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
The Frivolous Litigation Act does not apply to a frivolous appeal
21 May 2010, 2:59 pm by PaulKostro
Group, Inc. v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
The failure of a party to produce evidence which would serve to clarify the facts in issue supports an inference that the party failing to produce such evidence fears that the exposure of those facts would be unfavorable to him
23 Aug 2010, 2:44 pm by PaulKostro
ANTON V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
An expert opinion may be corroborated, confirmed or bolstered by hearsay, but may not rely exclusively or primarily on it
29 Apr 2010, 9:31 am by PaulKostro
” Glowacki v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Where the parties do not agree to one or more essential terms of a contract, the agreement is unenforceable
13 Apr 2010, 8:49 am by PaulKostro
Realtors v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Restricted stock and options can be distributed by way of a Callahan trust
22 Jul 2010, 8:40 am by PaulKostro
FELDMAN V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Counsel fees as a remedy in aid of litigants rights with respect to enforcement of the court’s orders
24 Aug 2010, 9:25 am by PaulKostro
V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
The material breach of a contract by one party can excuse further performance by the other party
4 Oct 2010, 12:09 pm by PaulKostro
TARAKJI V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
An equitable distribution judgment obtained by fraudulent conduct must be reopened to avoid injustice and inequity
24 Feb 2010, 12:36 pm by PaulKostro
TEPE V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
What is judicial discretion?
13 Oct 2010, 12:25 pm by PaulKostro
See State v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
A trial court may award sufficient alimony to enable the supported spouse to accumulate reasonable savings to protect herself against the day when alimony payments may cease because of her husband’s death or other change in circumstances
1 Jan 2010, 10:27 am by PaulKostro
ZUPPICHINI V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Where a motion judge made credibility determinations and may have a commitment to her findings, a post-appeal plenary hearing must be conducted before a different judge
15 Jul 2010, 10:12 am by PaulKostro
Carmichael v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues