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In custody cases, the court must focus on the safety, happiness, physical, mental and moral welfare of the children
9 Jul 2009, 8:49 am
Div. 1976); see Lepis v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Settlements are generally upheld absent clear and convincing evidence of fraud or other compelling circumstances
8 Feb 2011, 9:20 am by PaulKostro
Lepis, 83 N.J. 139, 153-54 (1980); Berkowitz v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Cohabitation involves an intimate relationship in which the couple has undertaken duties and privileges that are commonly associated with marriage
24 Jun 2009, 8:53 am
Gayet, 92 N.J. 149 (1983), the Court held that “cohabitation” was a changed circumstance under Lepis v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
It is reasonable to require some level of evidentiary corroboration when diminished income is claimed by a selfemployed obligor
10 Mar 2011, 9:36 am by PaulKostro
Lepis v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
If a paramour resides in the home without contributing toward the purchase of food or the payment of normal household bills, it may be reasonable to infer that a wife’s alimony is being used for the benefit of the paramour
26 Mar 2012, 2:47 pm by PaulKostro
In Lepis v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
The law affords particular leniency to agreements made in the domestic arena and similarly allows judges greater discretion when interpreting these agreements
1 Dec 2009, 2:12 pm
" Id. [(]citing Lepis v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
A showing of changed circumstances requires the party seeking modification to convince the court that to enforce the agreement would be unconscionable, the same standard that is applied by courts of equity to the specific enforcement of contracts in other
11 Dec 2011, 6:17 pm by PaulKostro
’” Lepis, supra, 83 N.J. at 157. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Trial judges cannot resolve material factual disputes upon conflicting affidavits and certifications
7 Apr 2010, 8:42 am by PaulKostro
See, e.g., Lepis v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
For modification, payor must show that a decrease in income was not temporary
10 Jun 2009, 12:46 pm
” 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
An alimony order is subject to review and modification upon a showing of changed circumstances
13 May 2010, 1:22 pm by PaulKostro
N.J.S.A. 2A:34-23; Lepis v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Where the parties have not provided otherwise by agreement, alimony may be modified based on changed circumstances resulting from cohabitation only if one cohabitant supports or subsidizes the other under circumstances sufficient to entitle the supporting
4 Feb 2010, 8:45 am by PaulKostro
Lepis v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
The right to partition is not absolute
23 Jul 2012, 2:53 am by PaulKostro
Lepis, 83 N.J. 139, 145-46 (1980). [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
While incorporation of a PSA into a divorce decree does not render it immutable, nor its terms solely governed by contract law, nevertheless, if found to be fair and just, it is specifically enforceable in equity
2 Mar 2012, 1:10 pm by PaulKostro
Peterson, 85 N.J. 638, 642 (1981)); see also Lepis, supra, 83 N.J. at 153; Berkowitz v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
You Know Why You Should Settle Your Retirement Alimony Case – Now What?
15 Oct 2018, 11:35 am by Eliana Baer
You further file a legal brief describing the case law, including Lepis v. [read post]
NJ Family Legal Blog - http://njfamilylaw.foxrothschild.com/
Words Matter: Common Misconceptions
8 May 2017, 8:29 am by Kevin M. Mazza, Esq.
See generally Lepis v. [read post]
New Jersey Divorce and Family Lawyer Blog - http://www.newjerseydivorcelawyer-blog.com/
What happens to my alimony & child support obligation if I lose my job?
2 Mar 2009, 8:44 am by Richard Diamond
Lepis v. [read post]
New Jersey Divorce Law Blog - http://www.njdivorcelawyerblog.com/blog/
It is not enough that an obligor demonstrate a reduction in income; the obligor must also demonstrate how he or she has attempted to improve the diminishing circumstances
12 Jul 2012, 12:41 pm by PaulKostro
Lepis, 83 N.J. 139, 146 (1980). [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
COHABITATION-WHAT HAPPENS TO MY SUPPORT?
13 Jul 2009, 8:27 pm
Lepis, 83 N.J. 139 (1980). [read post]
NJ Family Legal Blog - http://njfamilylaw.foxrothschild.com/
Appellate Division Clarifies Standard in New Jersey for Modification of Alimony When the Payor Spouse Reaches Full Retirement Age
14 Mar 2016, 3:49 pm by Elsie Gonzalez, Esq.
Lepis, 83 N.J. 139, 157 (1980). [read post]
New Jersey Divorce and Family Lawyer Blog - http://www.newjerseydivorcelawyer-blog.com/