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In an application brought by a supporting spouse for a downward modification in alimony, a focal issue is the supporting spouse's ability to pay
9 Nov 2009, 6:45 am
Gayet v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Polygraph evidence
20 Feb 2011, 3:43 am by PaulKostro
[Frye v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Consequential damages are those fairly and reasonably contemplated by the parties at the time of the execution of the contract
11 Aug 2010, 9:29 am by PaulKostro
” Marchak v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Expert testimony is essential to determining the accuracy and trustworthiness, and therefore admissibility, of the particular GPS device used in a case
4 Nov 2009, 6:41 am
United States v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
The emancipation of a child does not automatically occur at any specific age, but rather, is a fact sensitive inquiry
8 Feb 2010, 9:50 am by PaulKostro
SISTO V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
The authority to apply remittitur springs from the court’s power to grant a new trial
17 May 2011, 10:41 am by PaulKostro
Law Lessons from Ming Yu He and Jinfang He v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
The parent seeking to terminate a kinship legal guardianship has the burden of proving by clear and convincing evidence both that the parent has overcome the incapacity or inability to care for the child that led to the original guardianship proceedings,
24 Feb 2010, 12:32 pm by PaulKostro
Law Lessons from New Jersey Division of Youth and Family Services v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
The relationship of child support to high income
23 Jul 2010, 9:49 am by PaulKostro
Law Lessons from SHERYL DENICOLA, n/k/a SHERYL HYER V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
An expert’s opinion in response to a question regarding the most probable cause of an event framed as his best guess is inadmissible because it is founded on a mere possibility
6 Mar 2012, 2:26 pm by PaulKostro
Cnty. of Essex, 196 N.J. 569, 583-84 (2008). [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Trial courts are mandated by statute to proceed in a summary manner in domestic violence cases within ten days of the filing of a complaint; however, the ten-day provision does not preclude a continuance where fundamental fairness dictates allowing a def
26 Oct 2009, 10:42 am
V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
The party seeking modification has the burden of demonstrating a change in circumstances warranting relief from the support or maintenance obligations
21 Apr 2010, 9:25 am by PaulKostro
TIGER V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Assistance of counsel does not apply to a civil matter; a domestic violence complaint is a civil matter
5 Jan 2010, 12:13 pm by PaulKostro
V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Incomplete or inaccurate financial records submitted in support of a motion to modify alimony can be an appropriate basis for denying relief
3 Nov 2010, 7:48 am by PaulKostro
Lepis v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Domestic violence often presents circumstances in which a party may mask an intent to harass with what could otherwise be an innocent act
2 Nov 2011, 9:40 am by PaulKostro
V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
A payor spouse is as much entitled to reconsideration of alimony where there has been a significant change for the better in the circumstances of the dependent spouse as where there has been a significant change for the worse in the payor’s own
10 Jun 2009, 4:15 pm
Law Lessons from Weber v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
The party claiming insurance coverage bears the burden of proving entitlement
12 Jul 2024, 6:00 am by Public Employment Law Press
"However, a party is not entitled to coverage if it is not named as an insured or additional insured on the face of the policy as of the date of the accident for which coverage is sought" (New York State Thruway Auth. v Ketco, Inc., 119 AD3d at 661; see Essex Ins. [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
The party claiming insurance coverage bears the burden of proving entitlement
12 Jul 2024, 6:00 am by Public Employment Law Press
"However, a party is not entitled to coverage if it is not named as an insured or additional insured on the face of the policy as of the date of the accident for which coverage is sought" (New York State Thruway Auth. v Ketco, Inc., 119 AD3d at 661; see Essex Ins. [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
If a motion for summary judgment is made during discovery, and the incompleteness of discovery is raised as a defense, that party must establish that there is a likelihood that further discovery would supply the necessary information
25 Aug 2009, 9:45 am
Co. v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
It is the commonality of facts that defines the scope of the controversy and implicates the joinder requirements of the entire controversy doctrine
7 Mar 2011, 8:30 am by PaulKostro
Cogdell v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
The trial judge must not only be impartial, he or she must also give the appearance of impartiality
13 May 2010, 1:19 pm by PaulKostro
WALSH V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues