NJ Family Issues
RSS | Comments RSS

Archive for September, 2011

*All Posts,Agreements,Attorney-client-relationship,Power of Attorney Issues

An agency relationship

Comments Off
September 28, 2011 at 4:28 pm

(more…)

*All Posts,Counsel Fees,Litigation,Rules to follow

The procedural requirements of Rule 1:20A-6 apply not only when the attorney seeks to collect fees from a client but also from any other party

Comments Off
September 28, 2011 at 4:26 pm

(more…)

*All Posts,Estate Planning Issues,Estates,Last Will & Testament,Trusts,Will & Testament

The reformation of a trust agreement in a probate action requires clear and convincing proof of the testator’s intent

Comments Off
September 28, 2011 at 4:15 pm

(more…)

*All Posts,Divorce,Trusts

Even though a spouse has “died” for the purposes of taking as a beneficiary under the trust because she was living apart from the grantor and a divorce was pending, the grantor’s wife has not “died” for the purpose of serving as trustee

Comments Off
September 28, 2011 at 4:12 pm

(more…)

*All Posts,Alimony,Divorce,Modification of Alimony

Temporary circumstances are an insufficient basis for modification of alimony

Comments Off
September 28, 2011 at 4:05 pm

(more…)

*All Posts,Child-support

Shared-parenting

Comments Off
September 28, 2011 at 3:59 pm

(more…)

Alimony,Divorce,Equitable-distribution,Modification of Alimony

Parties are free to negotiate the issues of support and equitable distribution and the court is obligated to enforce a marital agreement when a party’s acceptance was voluntary, consensual, fully informed, knowingly assumed, fair and equitable

Comments Off
September 28, 2011 at 3:56 pm

(more…)

Alimony,Cohabitation,Divorce,Modification of Alimony

Cohabitation creates a rebuttable presumption of changed circumstances shifting the burden to the dependent spouse to show that there is no actual economic benefit to the spouse or the cohabitant

Comments Off
September 28, 2011 at 3:54 pm

(more…)

Compel discovery,Litigation,Sanctions

A party may recover reasonable expenses incurred, including attorney’s fees, from an adversary’s violations of discovery obligations if resultant harm is shown

Comments Off
September 28, 2011 at 3:52 pm

(more…)

Alimony,Divorce,Modification of Alimony,Rehabilitative-alimony

The fulfillment of an obligation to pay rehabilitative alimony does not per se prohibit a former spouse from thereafter seeking permanent alimony

Comments Off
September 28, 2011 at 3:51 pm

(more…)

Older Posts »
Copyright 2009 Paul G. Kostro | Powered by WordPress | Businesso v1.0.2 by noonnoo | Log in