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That the parties did not utilize the guidelines in establishing the support obligation in a prior settlement agreement does not absolve the judge from his/her legal obligation to make a guidelines calculation as the starting point for determining the part
5 Oct 2010, 11:20 am by PaulKostro
Zazzo v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Whether abuse has occurred focuses upon the harm to the child rather than the mental state of the accused abuser
5 Oct 2010, 11:15 am by PaulKostro
” In K.A., the court reiterated that “‘[t]he main goal of Title 9 is to protect children,’” Id. at 511 (quoting G.S. 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
Rule 4:58-2 is applicable to arbitration proceedings
4 Oct 2010, 12:14 pm by PaulKostro
V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Although nonrefundable retainers are specifically prohibited in Family Court matters, there is no such prohibition in other case types
4 Oct 2010, 12:06 pm by PaulKostro
TARAKJI V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Domestic Violence and former dating relationships
1 Oct 2010, 9:45 am by PaulKostro
To determine whether jurisdiction existed in a case involving a former relationship, the court in Coleman v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
On appeal from a summary judgment motion, the appendix shall include all items submitted to the court on the summary judgment motion
1 Sep 2010, 9:30 am by PaulKostro
V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Attorney fee awards are based in part on the hourly rate of the attorney, compated to the rates charged for similar services of attorneys in the community with comparable skill, experience, and reputation
1 Sep 2010, 8:58 am by PaulKostro
The Court in Perdue v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
A party seeking to set aside a settlement agreement generally has the burden of proving his incapacity or incompetence to contract or other extraordinary circumstance sufficient to vitiate the agreement
31 Aug 2010, 6:55 am by PaulKostro
V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Equity may allow rescission in light of a unilateral mistake in a contract under certain circumstances
31 Aug 2010, 6:50 am by PaulKostro
Co. v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
A judge may select a figure for taxes on alimony that is less than exact and fairly derived to avoid repeated applications for recalculation of alimony based upon insubstantial changes in federal and state tax laws and decreases in exemptions and deductio
30 Aug 2010, 8:21 am by PaulKostro
NAVIN V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
The child support guidelines provide that if the non-custodial parent exercises regular visitation time with the children, the court may reduce the child support award to accommodate variable expenses (food and transportation) incurred by the noncustodial
30 Aug 2010, 8:12 am by PaulKostro
Law Lessons from SHELLEY MOEHRLE, n/k/a SHELLEY PRYSANT V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
The anti-retroactive child support statute’s applicability is limited to prevent retroactive modifications decreasing or vacating orders allocated for child support
30 Aug 2010, 8:10 am by PaulKostro
” However, in Keegan v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
The reasoning that “a child needs support is unassailable, yet standing alone, it cannot form the basis of a deviation from the child support guidelines
27 Aug 2010, 10:49 am by PaulKostro
In Caplan v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
A court may deviate from the Guidelines only when good cause demonstrates that application of the Guidelines would be inappropriate
27 Aug 2010, 10:47 am by PaulKostro
S.N. v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Equitable distribution is inapplicable in a matter involving unmarried parties, despite the extent of their cohabitation; however, joint venturers are entitled to seek a partition of their property when their joint enterprise comes to an end, irrespective
27 Aug 2010, 10:41 am by PaulKostro
Aronow v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Selected court decisions concerning employment issues noted by law firms
26 Aug 2010, 3:23 am
Brekka, 581 F.3d 1127, 1130-31 (9th Cir. 2009) and Int’l Airport Centers LLC v. [read post]
New York Public Personnel Law - http://publicpersonnellaw.blogspot.com/
Without findings relevant to the legal standards, the litigants and the reviewing court can only speculate about the reasons for the decision
25 Aug 2010, 10:56 am by PaulKostro
MASON V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
An obligor who has selected a change in career, must establish that the benefits he or she derives from the career change substantially outweigh the disadvantages to the supported children
25 Aug 2010, 10:52 am by PaulKostro
Div. 1998) (noting that a court may consider the capacity to produce income when computing a child support obligation); Lynn v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Non-income producing assets can be used as a basis to impute income for the purposes of calculating child support
25 Aug 2010, 10:47 am by PaulKostro
MASON V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues