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A judge has the power to exclude a spouse from the marital home whether or not there had been domestic violence
18 Mar 2010, 10:26 am by PaulKostro
PIERSON V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
A tribunal of this State may not modify any aspect of a child support order that may not be modified under the law of the issuing state
9 Jul 2009, 4:45 am
Marshak v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
A child support payment is a judgment by operation of law on and after the date it is due
21 Sep 2009, 10:17 am
SCHVEY 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
In exercising its discretion as to the mode and scheduling of disposition of motions in family actions, the court shall ordinarily grant requests for oral argument on substantive and non-routine discovery motions and ordinarily deny requests for oral argu
22 Jun 2010, 8:08 pm by PaulKostro
” Filippone v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
The court shall ordinarily grant requests for oral argument on substantive and non-routine discovery motions and ordinarily deny requests for oral argument on calendar and routine discovery motions
8 Feb 2010, 9:54 am by PaulKostro
” Filippone v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
What is a Dating Relationship
26 Oct 2010, 10:07 am by PaulKostro
To determine whether a dating relationship existed under the Act, the court in Andrews v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
The Court’s review of an arbitration award is exceedingly deferential, and the award will be upheld if it is rationally inferable from the letter or purpose of the underlying agreement
15 Jul 2009, 8:57 am
Laser Vision, P.A. v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
A court should defer any action on a motion for modification of child support filed by an obligor who has been sentenced to a lengthy period of incarceration and has no assets, and transfer the matter to the inactive calendar pending the obligor’s release
4 Mar 2010, 8:51 am by PaulKostro
Martinetti v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
No reported decision has ever concluded that the mere passage of time, standing alone, warrants a plenary hearing to modify custody
8 Feb 2010, 10:25 am by PaulKostro
V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
The right to a speedy trial
15 Dec 2009, 7:42 am
In 1984, Chief Justice Wilentz issued a directive, later echoed in Municipal Court Bulletin letters from the Administrative Office of the Courts, that municipal courts should attempt to dispose of DWI cases within sixty days. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Attorney affidavits or certifications that are not based on personal knowledge constitute objectionable hearsay
21 Apr 2010, 9:32 am by PaulKostro
V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Is an indigent DV defendant entitled to the appointment of counsel?
19 Jun 2009, 1:32 pm
Law Lessons from Crespo v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
The equitable distribution of pensions, particularly disability pensions, is fraught with complications and subtleties
21 Jun 2010, 10:32 am by PaulKostro
Law Lessons from FRANCINE BUNALSKI 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
Courts have the authority to consider the assets and other financial circumstances of the parties in addition to their income when determining child support
23 Jul 2010, 9:45 am by PaulKostro
See Lepis v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
When the evidence concerning the child’s best interests (as between a legal parent and psychological parent) is in equipoise, custody will be awarded to the legal parent
5 May 2010, 8:45 am by PaulKostro
Kinsella v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Although domestic violence is defined by reference to fourteen separate criminal offenses, the purpose of the DVA is to protect the victim, not punish the person who committed the act of domestic violence
23 Aug 2010, 11:56 am by PaulKostro
V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
The linchpin in any motion addressed to dismissal of a final restraining order should be whether there have been substantial changed circumstances since its entry that constitute good cause for consideration of dismissal
19 Jul 2010, 3:39 pm by PaulKostro
V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
In general, a cause of action for legal malpractice accrues when an attorney’s breach of professional duty proximately causes a plaintif’s damages
18 Aug 2010, 12:42 pm by PaulKostro
V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues