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The support award will be decreased to the extent it is unnecessary to maintain the standard of living of the dependent spouse
5 Nov 2009, 8:42 am
DONET 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
MICHAEL PALOMBI V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
The law recognizes a presumption that mail properly addressed, stamped, and posted was received by the party to whom it was addressed
5 Apr 2010, 2:27 pm by PaulKostro
State Dep’t of Human Servs., 146 N.J. 614, 621 (1996). [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
”), rev’d on other grounds, State v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
What is fraud?
27 Aug 2009, 5:03 pm
" Gennari v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
An issue of fact is genuine only if, considering the burden of persuasion at trial, the evidence submitted by the parties on the motion, together with all legitimate inferences therefrom favoring the non-moving party, would require submission of the issue
24 Feb 2010, 12:41 pm by PaulKostro
V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
A defendant has the burden to presented evidence to support a claim of self-defense
10 Aug 2009, 10:00 am
See N.J.S.A. 2C:3-4; State v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
A profile posted on a social media networking site can be used as evidence
20 Jul 2010, 9:02 am by PaulKostro
See also State v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Parents have a fundamental liberty interest in the care, custody and management of their child
29 Apr 2010, 1:50 pm by PaulKostro
Santosky v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
The term Book Value has no one fixed meaning; rather, the meaning of the phrase Book Value depends upon the construction of the specific language used in the particular instrument wherein that term is stated
10 Aug 2009, 9:46 am
Cohen v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Where the parties have agreed to provide for a child beyond what is legally required, courts must give due weight to the strong public policy favoring stability of consensual arrangements before freeing a parent from his or her contractual obligations
5 Mar 2010, 11:54 am by PaulKostro
Georges] Avenue (Route 27), Linden, Union County, NJ. [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
State v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
The State must provide the parents with fundamentally fair procedures before a parent’s rights are terminated
27 Jul 2012, 9:35 am by PaulKostro
Div. of Youth & Family Servs. v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
The Attorney’s Lien Act provides that an attorney asserting a claim in a suit has a lien upon his client’s claim which attaches to a verdict, report, decision, award, judgment or final order in his client’s favor
8 Feb 2010, 10:21 am by PaulKostro
COLE V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
The award of counsel fees under the LAD is discretionary
27 Jul 2010, 9:52 am by PaulKostro
State, 95 N.J. 487, 494-495 (1984)). [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
In the context of domestic violence, the presumption is that the best interests of the child are served by an award of custody to the non-abusive parent
28 Jun 2011, 11:45 am by PaulKostro
” Faucett v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
When determining whether a restraining order should be issued based on an act of assault or, for that matter, any of the predicate acts, the court must consider the evidence in light of whether there is a previous history of domestic violence, and whether
2 Mar 2010, 3:06 pm by PaulKostro
” Cesare, supra, 154 N.J. at 404 (citing State v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Errors of law or fact made by the arbitrator are not correctable by a reviewing court
4 Oct 2010, 12:19 pm by PaulKostro
V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
A child cannot be removed from the State without consent, unless the court, upon cause shown, shall otherwise order
18 May 2010, 9:41 am by PaulKostro
Georges] Avenue (Route 27), Linden, Union County, NJ. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
An expert must give the why and wherefore of his or her opinion, rather than a mere conclusion
15 Nov 2011, 5:45 am by PaulKostro
State v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues