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In a family law matter, during the period of the representation, an attorney shall not take or hold a security interest, mortgage, or other lien on the client’s property interests to assure payment of the fee
23 Jul 2010, 9:20 am by PaulKostro
VAN HORN V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
A plenary hearing must be conducted when a party seeking to modify a custody order demonstrates that due to a substantial change in circumstances from the time that the current custody arrangement was established, the best interests of the child would be
22 Jul 2010, 8:54 am by PaulKostro
V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
In removal cases, where the custodial parent seeks to relocate the child, the court considers the interests of the parents and the child
22 Jul 2010, 8:51 am by PaulKostro
V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
The party seeking to modify a custody judgment bears the burden of proof
22 Jul 2010, 8:49 am by PaulKostro
V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Laches is the failure to assert a right within a reasonable time resulting in prejudice to the opposing side
22 Jul 2010, 8:45 am by PaulKostro
Sears Mortgage Corp. v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Not every long-term marriage results in an economic dependency that must be addressed with an award of alimony
22 Jul 2010, 8:42 am by PaulKostro
FELDMAN V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Equitable distribution bonus immunity arises only when the employer’s forward-looking goals are implemented in a way that requires the recipient of the employment benefit to do more than he or she did during the marriage to exercise his or her right to th
22 Jul 2010, 8:26 am by PaulKostro
As the Court explained in Pascale v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
The party seeking to exclude all or a portion of an asset from equitable distribution on the ground that it was not attributable to the expenditure of effort by either spouse during the marriage has the burden of establishing such immunity as to any parti
22 Jul 2010, 8:20 am by PaulKostro
FELDMAN V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
When a parent is seeking to vacate a judgment of guardianship, the parent must present evidence of changed circumstances, and the best interests of the child must be considered
21 Jul 2010, 8:43 am by PaulKostro
DEG, L.L.C. 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
The purpose of the award of punitive damages is to deter the wrongdoer from repeating similar conduct
21 Jul 2010, 8:30 am by PaulKostro
Tarr v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
When your child gets in trouble with the law … LOOKOUT!
21 Jul 2010, 7:37 am by PaulKostro
{See State v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
If you have an unrecorded Deed, it may not save your house from foreclosure
21 Jul 2010, 6:46 am by PaulKostro
V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
A profile posted on a social media networking site can be used as evidence
20 Jul 2010, 9:02 am by PaulKostro
Clair v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
The harassment statute is aimed at the manner of the communication and not the content of the offending statement
20 Jul 2010, 8:07 am by PaulKostro
V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Factors to be considered on a motion for modification of alimony include the dependant spouse’s needs, that spouse’s ability to contribute to the fulfillment of those needs, and the supporting spouse’s ability to maintain the dependant spouse at the forme
20 Jul 2010, 8:01 am by PaulKostro
COLEMAN 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
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
The likelihood of prejudice is acute when the proffered evidence is proof of a defendant’s uncharged misconduct
19 Jul 2010, 3:26 pm by PaulKostro
[State v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
When calculating child support, overnight is defined as the majority of a 24-hour day (i.e. more than 12 hours)
19 Jul 2010, 3:16 pm by PaulKostro
GIUNTA V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues