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Ordinarily, modifications of support orders are made based on changed circumstances; this includes the changed circumstances resulting from the dependent spouse’s cohabitation
10 Nov 2010, 10:51 am by PaulKostro
Lepis, 83 N.J. 139 (1980). [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
An increase in the cost of living will be found to constitute a changed circumstance if it has substantially impaired the supported spouse’s ability to support himself or herself
4 Nov 2010, 8:03 am by PaulKostro
” Lepis 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
Modification for changed circumstances resulting from cohabitation applies only if one cohabitant supports or subsidizes the other under circumstances sufficient to entitle the supporting spouse to relief
3 Nov 2010, 7:46 am by PaulKostro
” Gayet v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
The fairness of a child support award is dependent on the accurate assessment of a parent’s net income
2 Nov 2010, 12:16 pm by PaulKostro
See Lepis v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Current earnings have never been viewed as the sole criterion upon which to establish a party’s obligation for support
14 Oct 2010, 1:01 pm by PaulKostro
N.J.S.A. 2A:34-23; Lepis v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
An increase in a supporting spouse’s income is considered a changed circumstance
14 Oct 2010, 12:45 pm by PaulKostro
” Lepis v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
That the parties did not utilize the guidelines in establishing the support obligation in a prior settlement agreement does not absolve the judge from his/her legal obligation to make a guidelines calculation as the starting point for determining the part
5 Oct 2010, 11:20 am by PaulKostro
” Lepis v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
A judge may select a figure for taxes on alimony that is less than exact and fairly derived to avoid repeated applications for recalculation of alimony based upon insubstantial changes in federal and state tax laws and decreases in exemptions and deductio
30 Aug 2010, 8:21 am by PaulKostro
Lepis v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
An obligor who has selected a change in career, must establish that the benefits he or she derives from the career change substantially outweigh the disadvantages to the supported children
25 Aug 2010, 10:52 am by PaulKostro
Super. at 469; see also Lepis v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Among the changed circumstances that warrant modification are a decrease in the supporting spouse’s income, as well as subsequent employment by the dependent spouse
18 Aug 2010, 10:21 am by PaulKostro
Lepis, 83 N.J. 139 (1980). [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
A decrease in the supporting spouse’s income is one form of changed circumstance that may warrant a modification of that spouse’s alimony obligation
9 Aug 2010, 8:26 am by PaulKostro
Div., A-4358-08T3, August 9, 2010: Under Lepis v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
A judgment involving custody of minor children may be modified at any time upon the ground of changed circumstances
3 Aug 2010, 1:51 pm by PaulKostro
Super. at 105; Lepis v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Emancipation does not occur automatically by reason of the dependent child reaching the age of majority
30 Jul 2010, 12:13 pm by PaulKostro
Lepis, supra, 83 N.J. at 159. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Courts have the authority to consider the assets and other financial circumstances of the parties in addition to their income when determining child support
23 Jul 2010, 9:45 am by PaulKostro
See Lepis v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Factors to be considered on a motion for modification of alimony include the dependant spouse’s needs, that spouse’s ability to contribute to the fulfillment of those needs, and the supporting spouse’s ability to maintain the dependant spouse at the forme
20 Jul 2010, 8:01 am by PaulKostro
Lepis v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Facts which are neither of record, judicially noticeable, nor stipulated, that a party attempts to present by way of oral argument do not constitute cognizable facts
8 Jul 2010, 11:15 am by PaulKostro
This is important because the movant bears the initial burden in such a case under Lepis 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
Harrington v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
The polestar of contract construction is to discover the intention of the parties as revealed by the language used by them
21 Jun 2010, 10:29 am by PaulKostro
Petersen, 85 N.J. 638, 642 (1981)); see also Lepis v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Rogers v. Gordon - The Next Chapter - This Time Counsel Fees
20 Jun 2010, 6:23 pm by Robert A. Epstein
Lepis, 83 N.J. 139 (1980). [read post]
NJ Family Legal Blog - http://njfamilylaw.foxrothschild.com/