NJ Family Issues

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Archive for August, 2010

Real property, capital assets, investment portfolio, and capacity to earn by diligent attention to business are all appropriate factors for a court to consider in the determination of alimony modification

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August 31, 2010 at 4:05 pm

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The Child Support Guidelines must be used as a rebuttable presumption to establish and modify all child support orders

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August 31, 2010 at 3:34 pm

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Any property owned by a husband or wife at the time of marriage will remain the separate property of such spouse in the event of divorce and will not qualify as an asset eligible for distribution

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August 31, 2010 at 3:31 pm

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Pendente lite support orders are subject to modification prior to entry of final judgment

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August 31, 2010 at 3:30 pm

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An application for a fee for legal services rendered on appeal shall be made by motion, filed within 10 days after the determination of the appeal

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August 31, 2010 at 1:59 pm

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In a divorce proceeding, the parties do not have a fiduciary duty to each other

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August 31, 2010 at 1:55 pm

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The standard of living during the marriage is the way the couple actually lived, whether they resorted to borrowing and parental support, or if they limited themselves to their earned income

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August 31, 2010 at 1:54 pm

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A party seeking to set aside a settlement agreement generally has the burden of proving his incapacity or incompetence to contract or other extraordinary circumstance sufficient to vitiate the agreement

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August 31, 2010 at 9:55 am

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Equity may allow rescission in light of a unilateral mistake in a contract under certain circumstances

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August 31, 2010 at 9:50 am

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A judge may select a figure for taxes on alimony that is less than exact and fairly derived to avoid repeated applications for recalculation of alimony based upon insubstantial changes in federal and state tax laws and decreases in exemptions and deductions

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August 30, 2010 at 11:21 am

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