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Archive for February, 2009

*All Posts,Arbitration

Alternative Procedure for Dispute Resolution

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February 27, 2009 at 2:11 pm

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*All Posts,Emancipation

There is no fixed age when emancipation occurs

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February 27, 2009 at 9:11 am

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*All Posts,Litigation

Any issues not raised below will ordinarily not be considered on appeal

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February 26, 2009 at 7:40 am

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*All Posts,Rehabilitative-alimony

Where the supported spouse makes a motion to modify a PSA, either to extend rehabilitative alimony or convert it to permanent alimony, the court must first decide what the marital lifestyle was at the time of the original PSA and then determine whether there have been changed circumstances

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February 25, 2009 at 6:51 pm

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*All Posts,Property-settlement-agreement

A Property Settlement Agreement will be reformed if the agreement is plagued by unconscionability, fraud, or overreaching in the negotiations of the settlement

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February 25, 2009 at 8:08 am

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*All Posts,Child-visitation

A party seeking to modify a judgment that incorporates a PSA regarding visitation, must meet the burden of showing changed circumstances and that the agreement is now not in the best interests of a child

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February 25, 2009 at 8:00 am

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*All Posts,Child-custody

A party seeking to modify custody must show 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 better served by a transfer in custody

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February 25, 2009 at 7:50 am

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*All Posts,Equitable-distribution,Property-settlement-agreement

There can be no common intention unless there is a mutual intent to be bound

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February 24, 2009 at 6:25 pm

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*All Posts,Child-support-modification,Modification of Alimony

Alimony and child support are modifiable upon establishment of changed circumstances

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February 23, 2009 at 6:07 pm

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*All Posts,Evidence

Counsel’s statements in motion briefs that are neither of record, judicially noticeable, nor stipulated do not constitute cognizable facts

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February 23, 2009 at 6:49 am

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