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A party seeking to set aside a settlement agreement generally has the burden of proving his incapacity or incompetence to contract or other extraordinary circumstance sufficient to vitiate the agreement
31 Aug 2010, 6:55 am by PaulKostro
V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Equity may allow rescission in light of a unilateral mistake in a contract under certain circumstances
31 Aug 2010, 6:50 am by PaulKostro
Co. v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
A judge may select a figure for taxes on alimony that is less than exact and fairly derived to avoid repeated applications for recalculation of alimony based upon insubstantial changes in federal and state tax laws and decreases in exemptions and deductio
30 Aug 2010, 8:21 am by PaulKostro
NAVIN V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Before a child support cost of living adjustment is applied, the parties shall be provided with notice of the proposed adjustment and an opportunity to contest the adjustment within 30 days of the mailing of the notice
30 Aug 2010, 8:18 am by PaulKostro
Law Lessons from SHELLEY MOEHRLE, n/k/a SHELLEY PRYSANT V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
If the initial child support order is entered when a child is 12 years of age or older, that order and all subsequent orders shall be adjusted upward by 14.6%
30 Aug 2010, 8:15 am by PaulKostro
Law Lessons from SHELLEY MOEHRLE, n/k/a SHELLEY PRYSANT V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
The child support guidelines provide that if the non-custodial parent exercises regular visitation time with the children, the court may reduce the child support award to accommodate variable expenses (food and transportation) incurred by the noncustodial
30 Aug 2010, 8:12 am by PaulKostro
Law Lessons from SHELLEY MOEHRLE, n/k/a SHELLEY PRYSANT 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
The reasoning that “a child needs support is unassailable, yet standing alone, it cannot form the basis of a deviation from the child support guidelines
27 Aug 2010, 10:49 am by PaulKostro
In Caplan v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
A court may deviate from the Guidelines only when good cause demonstrates that application of the Guidelines would be inappropriate
27 Aug 2010, 10:47 am by PaulKostro
S.N. v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Equitable distribution is inapplicable in a matter involving unmarried parties, despite the extent of their cohabitation; however, joint venturers are entitled to seek a partition of their property when their joint enterprise comes to an end, irrespective
27 Aug 2010, 10:41 am by PaulKostro
Aronow v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Proxy Access Forum: Eric Talley (UC Berkeley)
26 Aug 2010, 4:14 pm by Eric Talley
For example, Delaware’s Chancery Court has recently approved the maintenance of a dilutive shareholder rights plan triggered at an ownership threshold of 4.99% (see Selecteca v. [read post]
Conglomerate - http://www.theconglomerate.org/
Without findings relevant to the legal standards, the litigants and the reviewing court can only speculate about the reasons for the decision
25 Aug 2010, 10:56 am by PaulKostro
MASON V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
An obligor who has selected a change in career, must establish that the benefits he or she derives from the career change substantially outweigh the disadvantages to the supported children
25 Aug 2010, 10:52 am by PaulKostro
MASON V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Non-income producing assets can be used as a basis to impute income for the purposes of calculating child support
25 Aug 2010, 10:47 am by PaulKostro
MASON V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
A plaintiff need not seek relief from a settlement prior to seeking relief against an attorney
25 Aug 2010, 10:39 am by PaulKostro
Vastano v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Motion for sanctions shall be filed with the court no later than 20 days following the entry of final judgment; however, the motion may be filed prior to the entry of final judgment
25 Aug 2010, 10:35 am by PaulKostro
See Ferolito 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
Sanctions motion
24 Aug 2010, 9:20 am by PaulKostro
V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Motion for a new trial
24 Aug 2010, 6:17 am by PaulKostro
QUICK 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