<?xml version="1.0" encoding="UTF-8"?><rss version="0.92">
<channel>
	<title>NJ Family Issues</title>
	<link>http://www.kostrolaw.com/NJFamilyIssues</link>
	<description>Information and Opinions</description>
	<lastBuildDate>Fri, 03 Sep 2010 13:20:29 +0000</lastBuildDate>
	<docs>http://backend.userland.com/rss092</docs>
	<language>en</language>
	<!-- generator="WordPress/3.0.1" -->

	<item>
		<title>Elder and Disability Law, featured in the August 2010 issue of New Jersey Lawyer Magazine</title>
		<description><![CDATA[New Jersey Lawyer Magazine (August 2010 / No. 265) &#8212; Elder and Disability Law Preserving the Primary Residence: The Minefield of Real Estate Transactions in Elder Law Planning by Linda S. Ershow-Levenberg Client Capacity — Assessment and Advocacy by Donald D. Vanarelli Evictions From Long-Term Care by William P. Isele Special Needs Settlement Planning: Preserving [...]]]></description>
		<link>http://www.kostrolaw.com/NJFamilyIssues/2010/09/03/elder-and-disability-law-featured-in-the-august-2010-issue-of-new-jersey-lawyer-magazine/</link>
			</item>
	<item>
		<title>New Jersey unemployment law was changed to make  it more difficult for bad  employees to receive unemployment benefits</title>
		<description><![CDATA[NEWS: New Jersey unemployment law was changed to make it more difficult for bad employees to receive unemployment benefits. Read Blog Post by Ann Kiernan, Esq. This Blog/Blawg, NJ Family Issues, is managed by Paul G. Kostro, Esq., an attorney/lawyer/mediator in Linden, Union County, New Jersey. My legal and mediation services are offered to Polish-speaking [...]]]></description>
		<link>http://www.kostrolaw.com/NJFamilyIssues/2010/09/01/new-jersey-unemployment-law-was-changed-to-make-it-more-difficult-for-bad-employees-to-receive-unemployment-benefits/</link>
			</item>
	<item>
		<title>On appeal from a summary judgment motion, the appendix shall include all items submitted to the court on the summary judgment motion</title>
		<description><![CDATA[Law Lessons from EPIC MANAGEMENT, INC. V. HARLEYSVILLE INSURANCE COMPANY OF NEW JERSEY, ET AL., App. Div., A-4759-08T2, August 31, 2010: Rule 2:6-1(a) provides that on appeal from a summary judgment motion, the appendix shall include &#8220;all items submitted to the court on the summary judgment motion.&#8221; This Blog/Blawg, NJ Family Issues, is managed by [...]]]></description>
		<link>http://www.kostrolaw.com/NJFamilyIssues/2010/09/01/on-appeal-from-a-summary-judgment-motion-the-appendix-shall-include-all-items-submitted-to-the-court-on-the-summary-judgment-motion/</link>
			</item>
	<item>
		<title>Attorney fee awards are based in part on the hourly rate of the attorney, compated to the rates charged for similar services of attorneys in the community with comparable skill, experience, and reputation</title>
		<description><![CDATA[MAY L. WALKER V. CARMELO GUIFFRE, ET AL., __ N.J. Super. (App. Div. 2010), A-2942-08, August 31, 2010: The Court in Furst cautioned against using attorney fee applications as an opportunity &#8220;to become mired in a second round of litigation.&#8221; Furst v. Einstein Moomjy, Inc., 182 N.J. 1, 24 (2004). This admonition assumes, however, that [...]]]></description>
		<link>http://www.kostrolaw.com/NJFamilyIssues/2010/09/01/attorney-fee-awards-are-based-in-part-on-the-hourly-rate-of-the-attorney-compated-to-the-rates-charged-for-similar-services-of-attorneys-in-the-community-with-comparable-skill-experience-and-reputa/</link>
			</item>
	<item>
		<title>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</title>
		<description><![CDATA[Law Lessons from JOHN ALFANO, ET AL. V. NICHOLAS T. MATHIEU, ET AL., App. Div., A-1433-09T1, August 30, 2010: N.J. has a strong public policy favoring the enforcement of settlements that resolve contested matters. Pascarella v. Bruck, 190 N.J. Super. 118, 124 (App. Div.), certif. denied, 94 N.J. 600 (1983). &#8220;[S]ettlements are favored and will [...]]]></description>
		<link>http://www.kostrolaw.com/NJFamilyIssues/2010/08/31/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-agreeme/</link>
			</item>
	<item>
		<title>Equity may allow rescission in light of a unilateral mistake in a contract under certain circumstances</title>
		<description><![CDATA[Law Lessons from TRI-TECH ENVIRONMENTAL ENGINEERING, INC. d/b/a TRI-TECH ENGINEERING V. NUTLEY BOARD OF EDUCATION, App. Div., A-4601-08T2, August 30, 2010: Equity may allow rescission in light of a unilateral mistake in a contract under certain circumstances. Conduit &#038; Foundation Corp. v. City of Atl. City, 2 N.J. Super. 433, 439 (Ch. Div. 1949). A [...]]]></description>
		<link>http://www.kostrolaw.com/NJFamilyIssues/2010/08/31/equity-may-allow-rescission-in-light-of-a-unilateral-mistake-in-a-contract-under-certain-circumstances/</link>
			</item>
	<item>
		<title>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</title>
		<description><![CDATA[Law Lessons from RICHARD C. NAVIN V. LAURIE NAVIN, App. Div., A-5607-08T2, August 30, 2010: 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 [...]]]></description>
		<link>http://www.kostrolaw.com/NJFamilyIssues/2010/08/30/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/</link>
			</item>
	<item>
		<title>Before a child support cost of living adjustment is applied, the parties shall be provided with notice of the proposed adjustment and an opportunity to contest the adjustment within 30 days of the mailing of the notice</title>
		<description><![CDATA[Law Lessons from SHELLEY MOEHRLE, n/k/a SHELLEY PRYSANT V. MICHAEL MOEHRLE, App. Div., A-5953-07T2, August 30, 2010: Rule 5:6B provides that &#8220;[b]efore a [cost of living adjustment (COLA)] is applied, the parties shall be provided with notice of the proposed adjustment and an opportunity to contest the adjustment within 30 days of the mailing of [...]]]></description>
		<link>http://www.kostrolaw.com/NJFamilyIssues/2010/08/30/before-a-child-support-cost-of-living-adjustment-is-applied-the-parties-shall-be-provided-with-notice-of-the-proposed-adjustment-and-an-opportunity-to-contest-the-adjustment-within-30-days-of-the-mai/</link>
			</item>
	<item>
		<title>If the initial child support order is entered when a child is 12 years of age or older, that order and all subsequent orders shall be adjusted upward by 14.6%</title>
		<description><![CDATA[Law Lessons from SHELLEY MOEHRLE, n/k/a SHELLEY PRYSANT V. MICHAEL MOEHRLE, App. Div., A-5953-07T2, August 30, 2010: The child support guidelines specify that &#8220;if the initial child support order is entered when a child is 12 years of age or older, that order and all subsequent orders shall be adjusted upward by 14.6%. Whenever the [...]]]></description>
		<link>http://www.kostrolaw.com/NJFamilyIssues/2010/08/30/if-the-initial-child-support-order-is-entered-when-a-child-is-12-years-of-age-or-older-that-order-and-all-subsequent-orders-shall-be-adjusted-upward-by-14-6/</link>
			</item>
	<item>
		<title>The child support guidelines provide that if the non-custodial parent exercises regular visitation time with the children, the court may reduce the child support award to accommodate variable expenses (food and transportation) incurred by the noncustodial parent during such periods</title>
		<description><![CDATA[Law Lessons from SHELLEY MOEHRLE, n/k/a SHELLEY PRYSANT V. MICHAEL MOEHRLE, App. Div., A-5953-07T2, August 30, 2010: The child support guidelines provide that if the non-custodial parent exercises regular [visitation] [t]ime with the child[ren], the court may reduce . . . [the child] support award to accommodate variable expenses (food and transportation) incurred by the [...]]]></description>
		<link>http://www.kostrolaw.com/NJFamilyIssues/2010/08/30/the-child-support-guidelines-provide-that-if-the-non-custodial-parent-exercises-regular-visitation-time-with-the-children-the-court-may-reduce-the-child-support-award-to-accommodate-variable-expenses/</link>
			</item>
</channel>
</rss>
