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An award of fees against a bad faith litigant is not a sanction, or punitive, but reflects the additional and unnecessary costs imposed on the innocent party
13 Mar 2012, 8:51 am by PaulKostro
Div. 2000). [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Retroactive reduction of child support based upon a child’s emancipation is not prohibited
9 Mar 2011, 2:09 pm by PaulKostro
Div. 1989). [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
In some circumstances, an adult-age offspring’s failure to diligently pursue his college studies can warrant a finding of emancipation
16 Dec 2010, 10:47 am by PaulKostro
Div. 1995)). [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Where the client by words or conduct communicated to the adverse attorney, engenders a reasonable belief that the attorney possesses authority to conclude a settlement, the settlement may be enforced
13 Nov 2011, 11:46 am by PaulKostro
Div. 1997). [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Settlement agreements in a divorce matter must be fair
2 Nov 2011, 9:56 am by PaulKostro
Div. 1985). [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Generally, to be appealable, an order must be final as to all parties and all issues
20 May 2011, 9:24 am by PaulKostro
Div. 1974). [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
A motion for reconsideration is vested in the sound discretion of the court and should be granted only when the trial judge concludes the initial decision was based on a palpably incorrect or irrational basis, or the judge did not consider or failed to ap
8 Oct 2011, 10:28 am by PaulKostro
Div. 1990). [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
An agreement between a lawyer and a non-lawyer regarding the sharing of fees is void and unenforceable
19 Nov 2011, 7:35 am by PaulKostro
Div. 1989). [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
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. 1971). [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
The imposition of a duty upon parents to continue paying for their child’s college education is inconsistent with a determination that the child is emancipated
5 Feb 2011, 11:48 am by PaulKostro
Div. 1995)). [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
If a particular contract term is ambiguous, the court will assess what was written in the context of the circumstances under which it was written, and accord to language a rational meaning in keeping with the express general purpose
16 Nov 2010, 10:01 am by PaulKostro
Dir., Div. of Taxation, 328 N.J. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
A court has discretion to deny a request for oral argument on substantive motions
8 Dec 2010, 8:56 am by PaulKostro
Div. 2007). [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Marital agreements are essentially consensual and voluntary and as a result, they are approached with a predisposition in favor of their validity and enforceability
14 May 2010, 10:04 am by PaulKostro
Div. 1985). [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
The controlling principles relating to emancipation
26 Oct 2012, 11:43 am by PaulKostro
Div.1995). [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Bad faith can be established by the intentional misrepresentation of facts or law to avoid or unfairly limit equitable distribution or alimony
8 Jan 2012, 10:37 am by PaulKostro
Div.) [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
A court should dismiss a case as moot if the decision can have no practical effect on the controversy
13 Mar 2012, 8:44 am by PaulKostro
Div.), certif. denied, 203 N.J. 93 (2010); Marjarum v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Child support may be terminated retroactive to the date of emancipation
14 Nov 2011, 11:25 am by PaulKostro
Div. 1995). [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Fraud upon the court
23 Nov 2011, 9:13 am by PaulKostro
Div. 1964). [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
The court has the power to impose sanctions, such as money penalties, for misbehavior in the courtroom
29 Jan 2011, 3:51 am by PaulKostro
Div. 1988); see also In re Lynch, 369 N.J. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Pendente lite orders, even orders for child support, may be retroactively adjusted after trial
3 May 2011, 6:02 am by PaulKostro
Div. 1995); see also Tannen v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues