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A litigant must initially demonstrate that the Court acted in an arbitrary, capricious, or unreasonable manner, before the Court should engage in the actual reconsideration process
8 Jul 2010, 11:11 am by PaulKostro
MICHAEL PALOMBI 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
The three elements required to establish an inter vivos gift are (1) a donative intent on the part of the donor; (2) an actual or symbolic delivery of the subject matter of the gift; and (3) an absolute and irrevocable surrender by the donor of ownership
23 Mar 2010, 9:31 am by PaulKostro
See H.K. v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Contract damages are designed to put the injured party in as good a position as he would have had if performance had been rendered as promised
12 Aug 2010, 9:06 am by PaulKostro
V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Books and Records Demand in the LLC Context
6 Apr 2008, 6:17 pm
” (citing Somerville S Trust v. [read post]
Delaware Corporate and Commercial Litigation Blog - http://www.delawarelitigation.com/
It is not a rule that in every case where a couple cohabits before marriage, all assets acquired during cohabitation must be treated as marital assets
7 Apr 2010, 8:51 am by PaulKostro
VERNOSE V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Where the movant seeks a change in a de facto custody arrangement, the movant need only show that it is in the child’s best interests to change custody
27 Apr 2010, 8:23 am by PaulKostro
Wilke v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
A judge has broad discretion in setting alimony and equitable distribution
2 Feb 2010, 8:40 am by PaulKostro
Law Lessons from JANICE MEKHAIL V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
The requesting party must show a strong need for the production of another party’s tax returns
29 Apr 2010, 9:00 am by PaulKostro
See Campione v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Waiver is an equitable defenses, which is not available to those who come before a court of equity with unclean hands
19 Jan 2010, 9:21 am by PaulKostro
Knorr v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
A pro se attorney litigant is not entitled to a fee award
15 Oct 2010, 1:45 pm by PaulKostro
V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
A fifty-fifty split of the property is not necessary for equitable distribution
27 Apr 2010, 8:26 am by PaulKostro
See Rothman v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Appeals can only be taken from judgments and orders, not opinions
16 Jun 2010, 10:27 am by PaulKostro
ROGERS V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
The doctrine of unclean hands embraces the principle that a court should not grant equitable relief to a party who is a wrongdoer with respect to the subject matter of the suit
12 Aug 2010, 8:42 am by PaulKostro
V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Before determining that a party is entitled to equitable distribution of an asset simply because it was not included in a PSA, the judge is required to decide whether such a result is fair and just under all the circumstances
20 Oct 2010, 11:39 am by PaulKostro
Addesa v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
The mutual mistake doctrine applies when a mistake was mutual in that both parties were laboring under the same misapprehension as to a particular, essential fact
28 Sep 2009, 9:47 am
FOSTER V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
A party who has been deprived of the exercise of his or her free will by way of moral compulsion or psychological pressure cannot provide the consent necessary to enter into a valid contract
21 Mar 2012, 7:30 am by PaulKostro
” Dolce v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
The court may impute income to a party who is underemployed based on potential employment and earning capacity, using the parent’s work history, occupational qualifications and educational background
17 Jan 2012, 1:33 pm by PaulKostro
NEWMAN V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Promissory estoppel and equitable estoppel
7 Aug 2012, 2:58 am by PaulKostro
” McDade v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Modification of a support obligation is not warranted if the change in circumstances is only temporary or is expected but has not yet occurred
4 Mar 2010, 10:20 am by PaulKostro
” Lepis v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues