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Where the parties do not agree to one or more essential terms of a contract, the agreement is unenforceable
13 Apr 2010, 8:49 am by PaulKostro
Realtors v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
A trial court may award sufficient alimony to enable the supported spouse to accumulate reasonable savings to protect herself against the day when alimony payments may cease because of her husband’s death or other change in circumstances
1 Jan 2010, 10:27 am by PaulKostro
ZUPPICHINI V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
The failure of a party to produce evidence which would serve to clarify the facts in issue supports an inference that the party failing to produce such evidence fears that the exposure of those facts would be unfavorable to him
23 Aug 2010, 2:44 pm by PaulKostro
ANTON V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Where a motion judge made credibility determinations and may have a commitment to her findings, a post-appeal plenary hearing must be conducted before a different judge
15 Jul 2010, 10:12 am by PaulKostro
Carmichael v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Retroactive awards of child support may be ordered at the discretion of the trial court so long as there is some equitable basis for the decision
19 Jul 2010, 3:00 pm by PaulKostro
GIUNTA V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
An equitable distribution judgment obtained by fraudulent conduct must be reopened to avoid injustice and inequity
24 Feb 2010, 12:36 pm by PaulKostro
TEPE V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Counsel fees as a remedy in aid of litigants rights with respect to enforcement of the court’s orders
24 Aug 2010, 9:25 am by PaulKostro
V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
It is proper for the court to find no basis to impute additional income to defendant over and above her Social Security Disability benefit, if plaintiff presented no evidence rebutting the defendant’s prima facie showing of her inability to work
26 May 2010, 9:54 am by PaulKostro
(citing Golian v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
The intentional relinquishment of a known right, or waiver, can be inferred from silent acquiescence to a particular set of circumstances over a period of time
4 Mar 2010, 8:54 am by PaulKostro
Belfer v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Although the interpretation and application of divorce agreements are not governed solely by contract law, those fair and definitive arrangements arrived at by mutual consent should not be unnecessarily or lightly disturbed
7 May 2010, 9:15 am by PaulKostro
” Konzelman v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
The court will not disturb a default judgment unless the failure to answer or otherwise appear and defend oneself against the claims is excusable under the circumstances
13 May 2010, 12:56 pm by PaulKostro
Eaton v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Income may be imputed to an obligor when fashioning an alimony award
10 May 2010, 9:16 am by PaulKostro
Miller v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
An obligor is not entitled to sit idly by, make no effort to replace the lost income, and expect a judge will relieve him of his alimony obligation
19 Jun 2009, 7:55 am
Innes v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Recent Prisoner Free Exercise Cases
26 Sep 2010, 7:01 pm by Howard Friedman
In East v. [read post]
Religion Clause - http://religionclause.blogspot.com/
Applications for dismissal under Rule 4:6-2(e)
29 Apr 2010, 9:09 am by PaulKostro
Law Lessons from HONG JUN CHEN V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Prior to entering an order compelling parents to pay for a private school education, a trial judge must consider various factors
28 Apr 2010, 5:07 pm by PaulKostro
” Hoefers v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
A residential custodial parent’s relocation of a child within New Jersey may have a significant impact upon the relationship between the child and the nonresidential custodial parent
26 Oct 2010, 10:11 am by PaulKostro
Law Lessons from VINCENT CARPENITO V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
SCOTUS Updates
4 Mar 2011, 7:30 am by Courtney Minick
FCC v. [read post]
Justia Law, Technology & Legal Marketing Blog - http://onward.justia.com/
A party seeking to set aside a settlement agreement for lack of capacity has the burden of proving her incompetence to form an agreement
9 Sep 2009, 12:18 pm
Jennings v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
The anti-retroactive child support statute’s applicability is limited to prevent retroactive modifications decreasing or vacating orders allocated for child support
30 Aug 2010, 8:10 am by PaulKostro
” However, in Keegan v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues