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"Plain smell" does not justify search of person in car [NOT FINAL]
6 Nov 2007, 2:46 am
Mesienheimer, of Martindell, Swearer & Shaffer, won in State v. [read post]
Kansas Defenders - http://kansasdefenders.blogspot.com/
A court may modify alimony and child support if it finds that there has been a change in circumstances since the time the original support order was entered
20 Apr 2010, 9:29 am by PaulKostro
Id. at 151 (citing Martindell v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Appellate court’s review of a motion to modify alimony and child support
4 Apr 2011, 3:05 pm by PaulKostro
Div. 2006) (quoting Martindell v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
To modify alimony, a trial judge must disclose an analysis of the facts as they apply to the many applicable factors
28 Mar 2011, 6:53 am by PaulKostro
” Martindell v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
In order to modify child support there must be a showing of changed circumstances, which are not temporary
13 Mar 2012, 8:55 am by PaulKostro
Such a showing includes “the increase or decrease in the supporting spouse’s income[,]” Lepis, supra, 83 N.J. at 146; see also Martindell v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
To make a prima facie showing of changed circumstances, it is not enough that an obligor demonstrate a reduction in income; the obligor must also demonstrate how he or she has attempted to improve the diminishing circumstances
25 Aug 2012, 4:31 am by PaulKostro
(quoting Martindell v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Modification of a support obligation is not warranted if the change in circumstances is only temporary or is expected but has not yet occurred
4 Mar 2010, 10:20 am by PaulKostro
Lepis, 83 N.J. 139, 157 (1980) (citing Martindell v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Alimony, calculated and modified
18 Jan 2011, 10:45 am by PaulKostro
Martindell v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
There is no brightline rule to distinguish the duration of temporary changed circumstances from those which are long-term
2 Mar 2012, 1:13 pm by PaulKostro
Super. at 21 (quoting Martindell v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Motions to Reduce Support: When Applications are Denied without a Plenary Hearing, What's Next?
3 Jan 2013, 8:42 am by Eliana Baer
Martindell, 21 N.J. 341, 353 (1956); (2) increase or decrease in the supporting spouse's income, Martindell, supra, 21 N.J. at 355; Traudt v. [read post]
NJ Family Legal Blog - http://njfamilylaw.foxrothschild.com/
An award of support is within the discretion of the trial court; and it will not be disturbed unless it is manifestly unreasonable, arbitrary, or clearly contrary to reason or to the evidence, or the result of whim or caprice
7 Jul 2010, 8:23 am by PaulKostro
” Martindell v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
The parent who has the greater period of custody during the tax year may release the exemption for dependent children for the other parent’s use
20 Aug 2012, 2:36 pm by PaulKostro
Martindell v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
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
(quoting Martindell v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
When seeking to modify an alimony obligation, the party must demonstrate that changed circumstances have substantially impaired his or her ability to support himself or herself
15 May 2012, 8:24 am by PaulKostro
” Lepis, supra, 83 N.J. at 157 (citing Martindell v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Modification of spousal support obligations
29 Jun 2011, 11:56 am by PaulKostro
(quoting Martindell v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
If a paramour resides in the home without contributing toward the purchase of food or the payment of normal household bills, it may be reasonable to infer that a wife’s alimony is being used for the benefit of the paramour
26 Mar 2012, 2:47 pm by PaulKostro
Super. at 21 (quoting Martindell v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
The fact that defendant must borrow money to meet his alimony obligations and maintain his lifestyle does not constitute a change in circumstances if the parties borrowed to maintain their standard of living during the marriage as well
27 Jan 2011, 8:26 am by PaulKostro
” Lepis, supra, 83 N.J. at 151; Martindell v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
When a supporting spouse brings an application for a downward modification of support, the main focus is the supporting spouse’s ability to pay
25 Jun 2009, 4:05 am
Lepis, 83 N.J. 139, 146 (1980); Martindell v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
A showing of changed circumstances requires the party seeking modification to convince the court that to enforce the agreement would be unconscionable, the same standard that is applied by courts of equity to the specific enforcement of contracts in other
11 Dec 2011, 6:17 pm by PaulKostro
(quoting Martindell v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
After the retirement of the payor spouse, courts are permitted to modify alimony awards from time to time as circumstances may require
9 Mar 2012, 2:46 pm by PaulKostro
(quoting Martindell v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues