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No plenary hearing as to a child’s status on a postjudgment application is required unless a prima facie case of changed circumstances (as to the welfare of the children; to warrant a change in custody) is established by the moving party
10 Jun 2010, 9:47 am by PaulKostro
Shaw v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
The court may balanced the parties’ respective incomes with alimony
16 Jul 2009, 10:39 am
See Miller v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Whether abuse has occurred focuses upon the harm to the child rather than the mental state of the accused abuser
5 Oct 2010, 11:15 am by PaulKostro
Div. 2010), A-4786-08, October 5, 2010: In DYFS v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
The relationship of co-partners is one of trust and confidence, calling for the utmost good faith, permitting of no secret advantages or benefits
14 Mar 2011, 7:34 am by PaulKostro
In Zeiger v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
The child’s welfare has been construed as meaning the safety, happiness, physical, mental and moral welfare of the child
8 Jan 2010, 8:27 am by PaulKostro
GORSKI V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Although a court that construes a document is obliged to consider all of the relevant evidence that will assist in determining the intent and meaning of the contract, extrinsic evidence should never be permitted to modify or curtail its terms
25 Jul 2012, 12:24 pm by PaulKostro
TELEKI v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Courts are to set the term of limited duration alimony by considering the length of time it would reasonably take for the recipient to improve his or her earning capacity to a level where limited duration alimony is no longer appropriate
16 May 2012, 2:53 pm by PaulKostro
GOLDMAN V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Under the UIFSA, the duration of child support for a particular child is controlled by the law of the first state to address his or her support
16 Jul 2012, 2:51 pm by PaulKostro
GUARDIOLA V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
The Guidelines shall not be used to determine parental contributions for college, nor the amount of support for a child attending college
5 Mar 2010, 11:50 am by PaulKostro
Kiken v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
The court shall ordinarily grant requests for oral argument on substantive and non-routine discovery motions and ordinarily deny requests for oral argument on calendar and routine discovery motions
8 Feb 2010, 9:54 am by PaulKostro
” Filippone v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
In exercising its discretion as to the mode and scheduling of disposition of motions in family actions, the court shall ordinarily grant requests for oral argument on substantive and non-routine discovery motions and ordinarily deny requests for oral argu
22 Jun 2010, 8:08 pm by PaulKostro
” Filippone v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
A trial court may not refuse to consider the equitable claims raised by the estate of a deceased spouse who, during the divorce litigation, was attempting to pursue a claim that the surviving spouse had diverted marital assets
6 Jan 2010, 11:01 am by PaulKostro
Hildegard Kay v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
To admit expert testimony, the matter must concern a subject that is beyond the understanding of an average juror, and the field testified to must be at a state of the art such that an expert’s testimony could be sufficiently reliable
19 Jul 2010, 3:30 pm by PaulKostro
State v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
HAGUE CONVENTION, CHILD ABDUCTION, NE EXEAT, DIVORCE, CHILD CUSTODY
5 Jan 2010, 11:46 am by PaulKostro
Supreme Court to hear oral argument on January 12, 2010 in Abbott v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Eyewitness identification evidence — how reliable is it?
29 Jun 2010, 10:39 am by PaulKostro
See: REPORT OF THE SPECIAL MASTER in State v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Claim Construction Deference
22 Apr 2011, 11:52 am by Dennis Crouch
Lexicon Medical v. [read post]
Patently-O - http://www.patentlyo.com/patent/
The Guidelines are inapplicable when determining the amount of support for a child attending college away from home
27 Mar 2012, 3:55 pm by PaulKostro
Law Lessons from ROBERT EICK 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
The participants in an extramarital affair may owe duties of care towards third parties — the spouses; this may be particularly relevant when dealing with sexually transmitted diseases
7 Jun 2010, 7:49 am by PaulKostro
Law Lessons from LEVINE v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Kristen Carpenter Publishes “Limiting Principles and Empowering Practices in American Indian Religious Freedom”
9 Jan 2013, 12:00 pm by Matthew L.M. Fletcher
The abstract: Employment Division v. [read post]
Turtle Talk - http://turtletalk.wordpress.com/