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The equitable distribution of pensions, particularly disability pensions, is fraught with complications and subtleties
21 Jun 2010, 10:32 am by PaulKostro
Law Lessons from FRANCINE BUNALSKI V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
The income a party can derive from personal attention to business, not actual income, is the measure of ability to pay alimony
21 Sep 2009, 10:10 am
SCHVEY V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Layoff, reinstatement and tenure by estoppel considered
30 Jul 2011, 5:02 am
High School Dist. et al., 81 NY2d 446, citing Matter of Lindsey v Bd. of Educ., of Mount Morris Cent. [read post]
New York Public Personnel Law - http://publicpersonnellaw.blogspot.com/
Facts not appearing of record or not judicially noticeable must be submitted to the court by affidavits or certifications made on personal knowledge
20 Jul 2009, 5:28 am
Law Lessons from Bixby v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
In deciding upon equitable distribution, the trial judge must consider, among other factors, both the income or property brought to the marriage or civil union by each party and the contribution of each party to the acquisition, dissipation, preservation,
18 Mar 2010, 10:32 am by PaulKostro
PIERSON V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
A court may not enter an order compelling arbitration sua sponte or on the request of one party absent a statute or an agreement of the parties compelling resolution of the dispute in that manner
2 Oct 2009, 9:49 am
V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
A pleading may, as a general matter, be viewed as an admission; however, a pleader’s conclusions of law are not admissions of facts
21 Apr 2010, 9:29 am by PaulKostro
V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
If evidence supports the existence of a specific fact, even obliquely, it is relevant
23 Jun 2010, 3:29 pm by PaulKostro
STATE OF NEW JERSEY V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
In the children’s best interest, a court may modify the parties’ consent judgment of divorce
16 Jul 2009, 10:25 am
Kinsella v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Laches is an equitable defense, which is not available to those who come before a court of equity with unclean hands
19 Jan 2010, 9:28 am by PaulKostro
Lavin v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
A trial judge must articulate the findings of fact and conclusions of law that lead to a particular result
19 Jul 2010, 3:02 pm by PaulKostro
GIUNTA V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
If litigants choose to represent themselves, they are required to follow accepted rules of procedure to guarantee an orderly process
10 Nov 2009, 7:15 am
" Rosenblum v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Motion for reconsideration
23 Aug 2010, 3:07 pm by PaulKostro
SPENNATO V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
In general, a cause of action for legal malpractice accrues when an attorney’s breach of professional duty proximately causes a plaintif’s damages
18 Aug 2010, 12:42 pm by PaulKostro
V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Dissipation of marital assets
11 Aug 2010, 9:08 am by PaulKostro
In Kothari v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
An equitable lien is a right of special nature in a fund and constitutes a charge or encumbrance upon the fund
12 Aug 2010, 8:39 am by PaulKostro
V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
In order for a court to find that a defendant committed an act of harassment, the court must find that the person had a conscious objective to harass the plaintiff
20 Oct 2009, 9:00 am
V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
The filing of a bankruptcy petition stays adjudication of equitable distribution in a divorce proceeding if the property to be distributed is the property of the bankruptcy estate
14 Oct 2010, 12:58 pm by PaulKostro
Clark v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
The grant or denial of an adjournment request rests within the discretion of the trial court
15 Oct 2010, 1:38 pm by PaulKostro
V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
A property settlement agreement may be reformed if the negotiations leading up to the property settlement agreement suffered from unconscionability, fraud, overreaching, or because of “a common mistake, or mistake of one party accompanied by concealment o
28 Apr 2010, 5:29 pm by PaulKostro
Div. 2007); Dworkin v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues