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Laches is an equitable defense, which is not available to those who come before a court of equity with unclean hands
19 Jan 2010, 9:28 am by PaulKostro
Lavin v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
If changed circumstances are shown, and the joint legal custody arrangement is no longer in the best interests of the child, it is aptly within the court’s discretion to alter that arrangement
10 May 2010, 9:03 am by PaulKostro
Beck v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
A judicial officer in the performance of his duties has absolute immunity from suit and will not be liable for his judicial acts
3 Dec 2009, 6:20 am
Capogrosso v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
A court in its discretion may appoint a psychologist to conduct an evaluation of a child’s best interests in a custody dispute whenever the court concludes that disposition of an issue will be assisted by an expert’s opinion
11 Feb 2010, 9:31 am by PaulKostro
Court Rules, comment 1 on R. 5:3-3 (2010) (citing Ames v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Although the proof of receipt of SSI benefits is a factor to be considered by the court in determining whether a person is emancipated, it is not conclusive
25 Jan 2010, 10:01 am by PaulKostro
” Gac v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
The commission of a predicate act does not automatically require that a restraining order be issued
19 Jul 2010, 3:35 pm by PaulKostro
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
Div., A-5071-08T2, April 16, 2010: As the court held in T.M. v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
If the court has made findings of fact and conclusions of law explaining its disposition of a motion, the order shall indicate whether the findings and conclusions were written or oral and the date on which they were rendered
23 Jul 2010, 10:04 am by PaulKostro
’” Curtis 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
In addition, the court may not make a "new or better" agreement for the parties than the one they reached. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
The exercise of judicial discretion must have a factual underpinning and legal basis
15 Nov 2010, 1:18 pm by PaulKostro
[Cosme v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Once the moving party has established a prima facie showing of changed circumstances warranting relief, the court has the right to order full discovery regarding the financial circumstances of the other spouse
13 Jul 2010, 9:35 am by PaulKostro
” Isaacson v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Generally, a trial court presented with a disputed motion to enforce a settlement should hold a hearing to resolve the disputed questions of fact
30 Jun 2010, 1:32 pm by PaulKostro
V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
In fixing an order of child support, trial courts must begin with the parties’ average gross taxable income per week
19 Jul 2010, 3:11 pm by PaulKostro
GIUNTA V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Summary Judgment appellate review
12 Jul 2010, 9:05 am by PaulKostro
Corp. v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Good faith requires complete disclosure of relevant facts necessary to the court’s determination
2 Mar 2010, 2:56 pm by PaulKostro
” Kuron v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
The general rule is that findings by the trial court are binding on appeal when supported by adequate, substantial, credible evidence
3 Feb 2010, 7:34 am by PaulKostro
V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
A court is authorized to award fees for expert and legal services in a divorce action when the respective financial circumstances of the parties make the award reasonable and just
10 May 2010, 9:08 am by PaulKostro
Boardman v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
HAGUE CONVENTION, CHILD ABDUCTION, NE EXEAT, DIVORCE, CHILD CUSTODY
5 Jan 2010, 11:46 am by PaulKostro
Supreme Court to hear oral argument on January 12, 2010 in Abbott v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
It is improper for a court to decide a case in reliance on an expert opinion without allowing the parties to examine the expert
8 Jan 2010, 8:24 am by PaulKostro
GORSKI V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Completion of undergraduate education is not the determinative factor for either declaring emancipation or terminating child support
10 Dec 2009, 9:59 am
V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues