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An award of counsel fees and a judgment for equitable distribution are alike in that both are not subject to a change in financial circumstances
9 Mar 2012, 2:44 pm by PaulKostro
There, the court specifically noted that the standard applicable under Rule 4:50-1(f) “is quite different from the changed circumstances standard of Lepis v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
A party seeking to be relieved from a judgment on the basis of fraud must demonstrate by clear and convincing evidence testimony or conduct that is willfully false, material to the issue, and the falsity could not have been discovered by reasonable dilig
6 Mar 2012, 2:36 pm by PaulKostro
Lepis v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
While incorporation of a PSA into a divorce decree does not render it immutable, nor its terms solely governed by contract law, nevertheless, if found to be fair and just, it is specifically enforceable in equity
2 Mar 2012, 1:10 pm by PaulKostro
Peterson, 85 N.J. 638, 642 (1981)); see also Lepis, supra, 83 N.J. at 153; Berkowitz v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
The court accords particular leniency to agreements made in the domestic arena, and likewise allows judges greater discretion when interpreting such agreements
30 Jan 2012, 12:05 pm by PaulKostro
Petersen, 85 N.J. 638, 642 (1981)); see also Lepis v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Parties may enter into a property settlement agreement under which support obligations will be modified at a specific future date without a showing of changed circumstances
21 Dec 2011, 1:43 pm by PaulKostro
See Lepis v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Where the payor spouse has substantial reasons for retiring and the effect on the payee spouse is minimal (due, for example, to other available income, qualifying for social security, or new employment) the balance will be struck in favor of the payor
21 Dec 2011, 1:40 pm by PaulKostro
Lepis v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Appellate Court Approves the Use of "Rule of Thumb" Formula to Calculate Alimony - Sort Of
20 Dec 2011, 3:30 am by Eric S. Solotoff
Crews, 164 N.J. 11 (2000), and Lepis v. [read post]
NJ Family Legal Blog - http://njfamilylaw.foxrothschild.com/
When the movant is seeking modification of child support, the guiding principle is the best interests of the children
19 Dec 2011, 4:46 pm by PaulKostro
Div. 2006) (quoting Lepis, supra, 83 N.J. at 157). [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
The goal of alimony
19 Dec 2011, 4:44 pm by PaulKostro
Lepis v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
A showing of changed circumstances requires the party seeking modification to convince the court that to enforce the agreement would be unconscionable, the same standard that is applied by courts of equity to the specific enforcement of contracts in other
11 Dec 2011, 6:17 pm by PaulKostro
’” Lepis, supra, 83 N.J. at 157. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
To establish a prima facie case for modification of a custody arrangement, the moving party must show a substantial change in circumstances that affects the welfare of the child such that her best interests would be better served by modifying custody
8 Dec 2011, 2:51 pm by PaulKostro
A judge must consider a request for modification in accordance with the procedural framework established by the Supreme Court in Lepis v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
An alimony award is broadly discretionary
15 Nov 2011, 6:02 am by PaulKostro
” Id. at 24 (quoting Lepis v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
The party challenging the validity and enforceability of a PSA must show that its terms, in light of changed circumstances, are unfair and unjust
10 Nov 2011, 3:14 pm by PaulKostro
Petersen, 85 N.J. 638, 642 (1981)); see also Lepis v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Anti-Lepis clause
10 Nov 2011, 3:08 pm by PaulKostro
See Smith v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Whether circumstances have really changed so as to warrant modification of alimony requires a court to study the parties’ financial condition at the time of the divorce, as well as at the time of the application
10 Nov 2011, 3:07 pm by PaulKostro
’” Lepis, supra, 83 N.J. at 157 (quoting Smith v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Settlement agreements in matrimonial cases are contracts that should be enforced as long as they are fair and just
19 Oct 2011, 8:13 am by PaulKostro
Petersen, 85 N.J. 638, 642 (1981); see also Lepis v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Child support obligations are always subject to review and modification on a showing of changed circumstances
12 Oct 2011, 12:01 pm by PaulKostro
” Lepis v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
What is the goal of a proper alimony award?
8 Oct 2011, 10:30 am by PaulKostro
Id. at 24; Lepis v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Temporary circumstances are an insufficient basis for modification of alimony
28 Sep 2011, 1:05 pm by PaulKostro
” Lepis v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Cohabitation creates a rebuttable presumption of changed circumstances shifting the burden to the dependent spouse to show that there is no actual economic benefit to the spouse or the cohabitant
28 Sep 2011, 12:54 pm by PaulKostro
In Crowe v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues