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It is proper for the court to find no basis to impute additional income to defendant over and above her Social Security Disability benefit, if plaintiff presented no evidence rebutting the defendant’s prima facie showing of her inability to work
26 May 2010, 9:54 am by PaulKostro
(citing Golian v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
To be entitled to a hearing on whether a previously-approved support award should be modified, the party moving for the modification “bears the burden of making a prima facie showing of changed circumstances
8 Jul 2010, 10:53 am by PaulKostro
My Law Office is located at 726 West Saint Georges [W. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
A motion for reconsideration is designed to seek review of an order based on the evidence before the court on the initial motion, not to serve as a vehicle to introduce new evidence in order to cure an inadequacy in the motion record
25 Oct 2010, 2:35 pm by PaulKostro
My Law Office is located at 726 West Saint Georges [W. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
A trial judge is not obligated to accept an expert’s opinion
28 Apr 2010, 5:03 pm by PaulKostro
My Law Office is located at 726 West Saint Georges [W. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Any settlement offer made before trial is inadmissible at trial
23 Aug 2010, 2:12 pm by PaulKostro
My Law Office is located at 726 West Saint Georges [W. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
If a motion is based on facts not appearing of record, or not judicially noticeable, the court may hear it on affidavits made on personal knowledge, setting forth only facts which are admissible in evidence to which the affiant is competent to testify and
15 Jul 2010, 10:09 am by PaulKostro
Law Lessons from NELLY MARQUEZ V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Custody and visitation may be restricted, or even terminated, where the relation of one or both parents with the child could cause emotional or physical harm to the child
8 Dec 2009, 8:54 am
Wilke v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Witnesses, other than experts, cannot testify unless they have personal knowledge of the matter
14 May 2010, 10:13 am by PaulKostro
V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
The relationship of joint venturers, like that of partners, is one of trust and confidence
12 Aug 2010, 8:45 am by PaulKostro
My Law Office is located at 726 West Saint Georges [W. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
A decedent’s clearly expressed desire to be cremated should be respected
16 Feb 2010, 9:55 am by PaulKostro
V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
In the absence of contrary evidence, the valuation date for the sale of the former marital home should be the date of sale
3 Jun 2010, 8:39 am by PaulKostro
Pacifico v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
If a Domestic Violence defendant obtains evidence post-judgment that he claimes to be relevant to the charges against him, he can seek relief from the judgment
8 Jan 2010, 8:20 am by PaulKostro
V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Contract damages are designed to put the injured party in as good a position as he would have had if performance had been rendered as promised
12 Aug 2010, 9:06 am by PaulKostro
My Law Office is located at 726 West Saint Georges [W. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
A court in its discretion may appoint a psychologist to conduct an evaluation of a child’s best interests in a custody dispute whenever the court concludes that disposition of an issue will be assisted by an expert’s opinion
11 Feb 2010, 9:31 am by PaulKostro
V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
A substantial likelihood of some harm visited upon the plaintiff in the event of an unfavorable decision is needed for the purposes of standing
16 Feb 2010, 10:10 am by PaulKostro
My Law Office is located at 726 West Saint Georges [W. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
A judicial officer in the performance of his duties has absolute immunity from suit and will not be liable for his judicial acts
3 Dec 2009, 6:20 am
Capogrosso v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
An award of counsel fees in matrimonial matters rests in the discretion of the trial court
3 Aug 2010, 1:55 pm by PaulKostro
Chestone v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
A fifty-fifty split of the property is not necessary for equitable distribution
27 Apr 2010, 8:26 am by PaulKostro
My Law Office is located at 726 West Saint Georges [W. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
The requesting party must show a strong need for the production of another party’s tax returns
29 Apr 2010, 9:00 am by PaulKostro
My Law Office is located at 726 West Saint Georges [W. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
It is not a rule that in every case where a couple cohabits before marriage, all assets acquired during cohabitation must be treated as marital assets
7 Apr 2010, 8:51 am by PaulKostro
VERNOSE V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues