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Although equity demands that spouses be afforded an opportunity to seek modification, the opportunity need not include a hearing when the material facts are not in genuine dispute
5 May 2011, 6:40 am by PaulKostro
RINDNER v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
In a legal malpractice case, the plaintiff must prove that but for defendant’s negligence she would have won her case
3 May 2011, 6:08 am by PaulKostro
See Jerista v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Persons who have engaged in a joint venture to purchase property in which they reside, are entitled to seek a partition when their joint enterprise comes to an end, irrespective of how title is formally held
26 Apr 2011, 6:55 am by PaulKostro
BOTIS v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
The amount of the awarded limited duration alimony is subject to reduction
22 Apr 2011, 1:11 pm by PaulKostro
” Cox v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Cohabitation is sufficient grounds for the termination or modification of alimony, limited duration or otherwise, where the cohabitation provides the dependent spouse with a sufficiently material economic benefit
19 Apr 2011, 10:01 am by PaulKostro
SORANTINO v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Applications and provisions concerning child support are explicitly excluded from a child custody determination
17 Apr 2011, 11:23 am by PaulKostro
See Dalessio v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
The equitable doctrine of forum non conveniens empowers a court to decline to exercise jurisdiction when a trial in another available jurisdiction will best serve the convenience of the parties and the ends of justice
17 Apr 2011, 10:50 am by PaulKostro
Kurzke v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Both the student and the custodial parent each have a responsibility and obligation to make certain that the non-custodial parent is provided with ongoing proof of the student’s college enrollment, course credits and grades
15 Apr 2011, 11:35 am by PaulKostro
Div. 1995); Bowens v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
The stranger-to-the-adoption doctrine
13 Apr 2011, 10:10 am by PaulKostro
Div. 2007)(citing Commercial Trust Co. of N.J. v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
A fiduciary may make payments on account of fees for services rendered out of a fund entrusted to the fiduciary for administration, subject to approval and allowance or to disallowance by the court upon settlement of the account
13 Apr 2011, 10:09 am by PaulKostro
Furst v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
A supporting spouse is as much entitled to a reconsideration of alimony where there has been a significant change for the better in the circumstances of the dependent spouse, as where there has been a significant change for the worse in the supporting spo
4 Apr 2011, 3:02 pm by PaulKostro
Crews v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Commission of one of the predicate acts of domestic violence does not, on its own, automatically warrant the issuance of a domestic violence restraining order
4 Apr 2011, 2:57 pm by PaulKostro
Law Lessons from S.P. v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
A victim of domestic violence who succeeds in obtaining final restraints under the Act may recover reasonable attorney’s fees from the defendant
28 Mar 2011, 7:24 am by PaulKostro
Wine v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Harassment is one of the predicate offenses that may support a finding of domestic violence
28 Mar 2011, 7:18 am by PaulKostro
Law Lessons from D.L.D. v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
The downturn in our economy has not vitiated any of the standards for modification of alimony articulated in Lepis and its progeny
28 Mar 2011, 6:56 am by PaulKostro
Kuron v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Unclean hands in an affirmative defense, while breach of duty good faith and fair dealing is a counterclaim
23 Mar 2011, 9:28 am by PaulKostro
See R. 4:5-4; Glenfed Financial v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
To be admissible under the state of mind exception to the hearsay rule, the declarant’s state of mind must be in issue
21 Mar 2011, 1:27 pm by PaulKostro
Co. v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Emancipation is the conclusion of the fundamental dependent relationship between parent and child
16 Mar 2011, 1:18 pm by PaulKostro
Colca v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Testamentary capacity
15 Mar 2011, 10:10 am by PaulKostro
’ ” Haynes v. 1st Nat. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
The relationship of co-partners is one of trust and confidence, calling for the utmost good faith, permitting of no secret advantages or benefits
14 Mar 2011, 7:34 am by PaulKostro
In Zeiger v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues