NJ Family Issues

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On appeal from a summary judgment motion, the appendix shall include all items submitted to the court on the summary judgment motion

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September 1, 2010 at 12:30 pm

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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

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September 1, 2010 at 11:58 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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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

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August 30, 2010 at 11:18 am

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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%

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August 30, 2010 at 11:15 am

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The anti-retroactive child support statute’s applicability is limited to prevent retroactive modifications decreasing or vacating orders allocated for child support

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August 30, 2010 at 11:10 am

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The reasoning that “a child needs support is unassailable, yet standing alone, it cannot form the basis of a deviation from the child support guidelines

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August 27, 2010 at 1:49 pm

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A court may deviate from the Guidelines only when good cause demonstrates that application of the Guidelines would be inappropriate

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August 27, 2010 at 1:47 pm

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Equitable distribution is inapplicable in a matter involving unmarried parties, despite the extent of their cohabitation; however, joint venturers are entitled to seek a partition of their property when their joint enterprise comes to an end, irrespective of how title is formally held

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August 27, 2010 at 1:41 pm

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