Blog Archives

Service of motions

Posted in *All Posts, Litigation, Motions, Procedure, Service of process

An elementary and fundamental requirement of due process in any proceeding which is to be accorded finality is notice reasonably calculated, under all the circumstances, to apprise interested parties of the pendency of the action and afford them an opportunity to present their objections

Posted in *All Posts, Due Process, Litigation, Service of process

A foreign judgment is not entitled to full faith and credit in New Jersey if a defendant was denied adequate notice and a reasonable opportunity to be heard

Posted in *All Posts, Due Process, Foreign Judgments, Litigation

Dismissal of a complaint with prejudice for discovery misconduct

Posted in *All Posts, Compel discovery, Discovery, Litigation, Motions, Sanctions

Fees can be awarded or denied to any party in a matrimonial case whether or not they prevail

Posted in *All Posts, Child-support, Counsel Fees, Divorce

There is a broad presumption of arbitrability requiring that any doubts concerning the scope of arbitrable issues be resolved in favor of arbitration, whether the problem at hand is the construction of the contract language itself or an allegation of waiver, delay, or a like defense to arbitrability

Posted in *All Posts, Arbitration

Parties may choose to have their contract governed by the law of another state, so long as that choice does not contravene a fundamental policy of New Jersey

Posted in *All Posts, Choice of law, Contracts

Child support belongs to the child and cannot be waived by the parents, and an obligation to support a parent’s child cannot be evaded by a property settlement agreement

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

The trial court has substantial discretion in making a child support award

Posted in *All Posts, Child-support, Child-support-modification

The court may enter a retroactive date of an initial support order

Posted in *All Posts, Child-support

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