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The adverse inference charge, also known as the Clawans charge, is available when a party does not call to the stand a witness that the party has the power to produce and whose testimony would be superior to testimony presented at trial
3 May 2010, 1:56 pm by PaulKostro
KERRIDGE V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
The Prevention of Domestic Violence Act is constitutional
18 Feb 2010, 8:58 am by PaulKostro
Vivian Crespo v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Supervised visitation is an extreme measure
1 Feb 2010, 8:39 am by PaulKostro
WALDEN V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
In a matrimonial action, financial need is not the sole factor to be considered in determining a counsel fee award
5 Aug 2010, 11:26 am by PaulKostro
Williams v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
An individual act previously rejected as insufficient to constitute domestic violence may take on greater significance because the prior act is later repeated in a manner that may amount to a course of conduct prohibited by the Domestic Violence Act
16 Apr 2010, 9:15 am by PaulKostro
V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
There is nothing to preclude the parties from agreeing to a change in the PSA
10 Dec 2009, 9:42 am
V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Spousal agreements may condition the cessation of alimony on certain conditions, and they may allow alimony to survive remarriage
16 Dec 2009, 8:00 am
Aarviq v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
An expert opinion may be corroborated, confirmed or bolstered by hearsay, but may not rely exclusively or primarily on it
29 Apr 2010, 9:31 am by PaulKostro
” Glowacki 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
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
What is judicial discretion?
13 Oct 2010, 12:25 pm by PaulKostro
See State v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
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
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
The material breach of a contract by one party can excuse further performance by the other party
4 Oct 2010, 12:09 pm by PaulKostro
TARAKJI 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
Pendente lite order modification or correction
30 Jul 2010, 12:04 pm by PaulKostro
Jacobitti v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
An alimony award need not be increased to compensate for the fact the payments are taxable income
5 Jan 2010, 12:09 pm by PaulKostro
FOX V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
The tender years exception to the hearsay rule
7 Jun 2010, 8:13 am by PaulKostro
State 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
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