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Under principles of issue preclusion, a plaintiff’s allegations of domestic violence rejected by a prior trial judge should not be admitted into evidence in the hearing on a subsequent domestic violence complaint
19 Jul 2010, 2:53 pm by PaulKostro
V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Without a specific claim of error supported by record references and relevant law, the appellate court cannot properly consider an appeal
16 Aug 2011, 8:44 am by PaulKostro
See State v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Principles of comity and the full faith and credit doctrine
15 Jul 2010, 9:54 am by PaulKostro
V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
The Family Part has the power to exercise authority to effectively allocate income tax exemptions
22 Nov 2010, 2:58 pm by PaulKostro
NOTE: My legal and mediation services are offered to clients in Fanwood 07023; Garwood 07027; Kenilworth 07033; Mountainside 07092; New Providence 07974; Roselle Park 07204; Roselle 07203; Elizabeth 07201; Linden 07036; Plainfield 07060; Rahway 07065; Summit 07901; Westfield 07090; Berkeley Heights 07922; Clark 07066; Cranford 07016; Hillside 07205; Scotch Plains 07076; Springfield 07081; Union 07083; Winfield; Carteret 07008; Dunellen 08812; East Brunswick 08816; Edison 08817;… [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
A party seeking to modify custody must demonstrate changed circumstances that affect the welfare of the child
6 Oct 2010, 11:24 am by PaulKostro
V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
The parent seeking to terminate a kinship legal guardianship has the burden of proving by clear and convincing evidence both that the parent has overcome the incapacity or inability to care for the child that led to the original guardianship proceedings,
24 Feb 2010, 12:32 pm by PaulKostro
Law Lessons from New Jersey Division of Youth and Family Services 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
As between two people in a dating relationship, there is no presumption that payments made by one to, or on behalf of, the other are gifts
29 Apr 2010, 9:04 am by PaulKostro
See Weisberg v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
The doctrine of res judicata
10 Nov 2010, 11:03 am by PaulKostro
V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
In deciding upon equitable distribution, the trial judge must consider, among other factors, both the income or property brought to the marriage or civil union by each party and the contribution of each party to the acquisition, dissipation, preservation,
18 Mar 2010, 10:32 am by PaulKostro
PIERSON V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
A pleading may, as a general matter, be viewed as an admission; however, a pleader’s conclusions of law are not admissions of facts
21 Apr 2010, 9:29 am by PaulKostro
V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Proceedings under New Jersey’s domestic violence statute are civil in nature, not criminal
9 Aug 2010, 8:32 am by PaulKostro
V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
An equitable lien is a right of special nature in a fund and constitutes a charge or encumbrance upon the fund
12 Aug 2010, 8:39 am by PaulKostro
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
NOTE: My legal and mediation services are offered to clients in Fanwood 07023; Garwood 07027; Kenilworth 07033; Mountainside 07092; New Providence 07974; Roselle Park 07204; Roselle 07203; Elizabeth 07201; Linden 07036; Plainfield 07060; Rahway 07065; Summit 07901; Westfield 07090; Berkeley Heights 07922; Clark 07066; Cranford 07016; Hillside 07205; Scotch Plains 07076; Springfield 07081; Union 07083; Winfield; Carteret 07008; Dunellen 08812; East Brunswick 08816; Edison 08817;… [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Factors to be evaluated when considering counsel fees in a family action
18 Dec 2009, 9:27 am by PaulKostro
Williams v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
An agreement between parents to support a child past majority is enforceable if fair and equitable
15 Jun 2010, 7:37 am by PaulKostro
Dolce v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
The court has the discretion to exercise the remedy of enjoining or conditioning a litigant’s ability to present his or her claim to the court
13 Jul 2010, 9:39 am by PaulKostro
V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Child visitation issues should not be decided on the basis of conflicting affidavits or an inadequate record
5 May 2010, 8:49 am by PaulKostro
; Wilke 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
Laches is an equitable principle applied to a party who, without explanation or excuse, delayed in asserting a claim now stale
14 Aug 2009, 3:53 am
NOTE: My legal and mediation services are offered to Polish-speaking and other clients in Hillside 07205; Scotch Plains 07076; Springfield 07081; Union 07083; Winfield; Carteret 07008; Dunellen 08812; East Brunswick 08816; Edison 08817; Jamesburg 08831; Metuchen 08840; New Brunswick 08901; Old Bridge 08857; Perth Amboy 08861; Sayreville 08871; South Amboy 08878; South River 08877; Avenel 07001; Colonia 07067; and Iselin 08830, New Jersey. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues