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Archive for September, 2008

*All Posts,Child-support-modification | Tags: , , ,

Although age sixty-five is the foreseeable retirement age, it is reasonable to conclude that a person who decides to become a parent late in life voluntarily takes on the responsibility of working and saving for that child beyond the age that would otherwise be expected

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September 23, 2008 at 12:39 pm

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*All Posts,Child-custody | Tags: , ,

Any relinquishment of jurisdiction by the state with exclusive jurisdiction over child custody must occur before any other state assumes jurisdiction

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September 23, 2008 at 7:02 am

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*All Posts,Child Relocation | Tags:

The custodial parent seeking to relocate the children must show that there is a real advantage to that parent in the move

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September 22, 2008 at 11:43 am

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*All Posts,Domestic-violence,Weapons | Tags: ,

The voluntary dismissal of a domestic violence complaint does not mandate the automatic return of firearms seized in connection with that proceeding

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September 9, 2008 at 6:48 am

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*All Posts,Child-support-modification | Tags:

A right of review of a child support obligation based on the passage of three years is without merit

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September 8, 2008 at 9:33 am

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*All Posts,Attorney-client-relationship | Tags:

After the fixing of a trial date in a civil action, an attorney may withdraw without leave of court only upon the filing of the client’s written consent, a substitution of attorney executed by both the withdrawing attorney and the substituted attorney, a written waiver by all other parties of notice and the right to be heard, and a certification by both the withdrawing attorney and the substituted attorney that the withdrawal and substitution will not cause or result in delay

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September 8, 2008 at 6:30 am

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*All Posts,Child-support-modification,Modification of Alimony | Tags: , ,

The standard for modification of spousal and child support is an unanticipated change in circumstances, not a party’s voluntary decision

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September 5, 2008 at 8:34 am

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*All Posts,Evidence,Litigation | Tags: , , ,

Parties may obtain discovery regarding any matter, not privileged, which is relevant to the subject matter involved in the pending action

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September 5, 2008 at 8:07 am

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*All Posts,Litigation | Tags:

Motions to amend complaints should be liberally granted even when the ultimate merits of the amendment are uncertain

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September 5, 2008 at 8:02 am

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*All Posts,Evidence | Tags: ,

A spoliation inference may be used where a litigant is found to have destroyed or concealed evidence during the underlying litigation

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September 5, 2008 at 7:50 am

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