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The court may enforce an agreement if it is fair and equitable, but the court’s equitable authority to modify support obligations in response to changed circumstances cannot be restricted
21 Jan 2010, 8:06 am by PaulKostro
Lepis 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
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
Retroactive awards of child support may be ordered at the discretion of the trial court so long as there is some equitable basis for the decision
19 Jul 2010, 3:00 pm by PaulKostro
GIUNTA 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
The trial court has discretion to determine if expert testimony is admissible
12 Aug 2010, 8:22 am by PaulKostro
V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
In custody cases, the court must focus on the safety, happiness, physical, mental and moral welfare of the children
9 Jul 2009, 8:49 am
Fantony v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
The trial court is required to consider all sources of income and assets of each parent prior to entering a child support order
23 Dec 2009, 9:52 am by PaulKostro
JONES 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
As the Supreme Court explained in State v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
The crime of terroristic threats requires a showing of three essential elements: (1) that the defendant in fact threatened the plaintiff; (2) that the defendant’s intent was to threaten the plaintiff; and (3) that a reasonable person, under an objective s
26 Feb 2010, 8:02 am by PaulKostro
V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
A state court lacks authority to compel a federal agency to comply with a subpoena
21 Oct 2010, 8:21 am by PaulKostro
V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Errors of law or fact made by the arbitrator are not correctable by a reviewing court
4 Oct 2010, 12:19 pm by PaulKostro
V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
A trial court does not have an obligation to warn a witness that his or her testimony may be self-incriminating
21 Jul 2010, 8:33 am by PaulKostro
Attor v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
A litigant must initially demonstrate that the Court acted in an arbitrary, capricious, or unreasonable manner, before the Court should engage in the actual reconsideration process
8 Jul 2010, 11:11 am by PaulKostro
MICHAEL PALOMBI V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
When parties to a contract have not agreed in respect of a term that is essential to a determination of their rights and duties, a term that is reasonable in the circumstances is supplied by the court
22 Oct 2010, 9:24 am by PaulKostro
See Capanear v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
A trial court must resolve custody and parenting time issues based on the best interests of the child
15 Oct 2010, 1:30 pm by PaulKostro
Sacharow 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
Settlement agreements must be enforced as other contracts are
22 Jul 2009, 1:40 pm
See Jennings [v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Labor Law.
28 Sep 2011, 12:29 am by John Diekman
Here is the decision.Tomorrow's issue: Municipalities Law. [read post]
New York Law Notes - http://drdiekman.podbean.com
Where the parents’ combined net annual income exceeds $187,200, the court shall apply the guidelines up to $187,200 and supplement the guidelines-based award with a discretionary amount
8 Nov 2010, 9:55 am by PaulKostro
LANG V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues