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On a disputed motion to enforce a settlement, as on a motion for summary judgment, a hearing is to be held to establish the facts unless the available competent evidence, considered in a light most favorable to the non-moving party, is insufficient to permit the judge, as a rationale factfinder, to resolve the disputed factual issues in favor of the non-moving party

Posted in *All Posts, Agreements, Property-settlement-agreement, Settlement agreement

When a party in possession of the former marital home fails to refinance the mortgage so as to remove the ex-spouse’s name from the mortgage note, in violation of court order, the court may grant equitable relief

Posted in *All Posts, Divorce, Equitable-distribution, Property-settlement-agreement, Settlement agreement

Agreements made by attorneys when acting within the scope of their authority are enforceable against their clients

Posted in *All Posts, Agency, Agreements, Attorney-client-relationship, Property-settlement-agreement, Settlement agreement

With regard to the enforcement of a Property Settlement Agreement, Rule 1:10-3 provides a mechanism, coercive in nature, to afford relief to a litigant who has not received what a Court Order or Judgment entitles that litigant to receive

Posted in *All Posts, Agreements, Aid of litigants rights, Divorce, Litigation, Motions, Property-settlement-agreement, Settlement agreement

Parties that have entered into a property settlement agreement may still move to modify child support if they demonstrate changed circumstances

Posted in *All Posts, Agreements, Child-support, Child-support-modification, Property-settlement-agreement, Settlement agreement

It is the proponent’s of the contract burden to establish that there was mutual assent to the essential terms of the settlement agreement

Posted in *All Posts, Property-settlement-agreement, Settlement agreement

A settlement agreement is a contract

Posted in *All Posts, Property-settlement-agreement, Settlement agreement

A court order which limits the amount of contact and exposure which a divorcing parent may permit a child to have with the parent’s new girlfriend or boyfriend

Posted in *All Posts, Child-custody, Child-visitation, Cohabitation, Coparenting, Divorce, Property-settlement-agreement, Settlement agreement

Support orders, including those addressing the care, custody, education and maintenance of the children define only the present obligations of the former spouses; those duties are always subject to review and modification on a showing of changed circumstances

Posted in *All Posts, Alimony, Child-custody, Child-support-modification, Divorce, Modification of Alimony, Property-settlement-agreement, Settlement agreement

Parties may include an “anti-Lepis” provision in their settlement agreement in an attempt to bar future modifications of their arrangement

Posted in *All Posts, Alimony, Divorce, Modification of Alimony, Property-settlement-agreement, Settlement agreement

Contact Information:

Paul G. Kostro, Esq.
116 South Euclid Avenue
Westfield, NJ 07090
Tel: 908-232-6500
Email: Paul@Kostro.com
Fax: 908-232-2277
www.KostroLaw.com
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Please review our Confidential Mediation services; and visit our NJ Collaborative Divorce webpage.
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