A Former Spouse’s Income Growth is Not Guaranteed to Affect Support

A recent non-precedential decision of the Appellate Division has highlighted the important role the matrimonial settlement agreement language plays in applications for modification of support obligations, even when there has been a seemingly significant change in circumstances of one party’s income. In Retik v. Retik, (App. Div. Feb. 15, 2013, A-4988-10T4), the plaintiff supporting spouse […]

The Bottom Is Out: Insurance and Your First Floor

Residential Condominium Building Association National Flood Insurance Program Flood Policies do not cover most personal property items below the first elevated floor.  Most post FIRM residential condominium buildings along the New Jersey shore have an elevated first floor.  In many instances the space below the first floor where the garage, breezeway, utility and storage areas […]

Courts Are Open For Developer Seeking Release of Performance Bonds

Developers in New Jersey often find it difficult to secure release of performance guarantees.  Increasingly developers seeking release of a performance guarantee are met with a never-ending round of punch lists and delays.  The Municipal Land Use Law (MLUL) requires that punch lists be limited to the improvements specifically covered by the performance guarantee.  Yet […]

Statute of Frauds Held Applicable to Palimony Claims Based on Promises That Pre-Date The Writing Requirement

In January 2010, the New Jersey legislature enacted a significant amendment to New Jersey’s Statute of Frauds that provided that, in order to be enforceable, palimony agreements had to be in writing and each party must have the advice of independent counsel.  In relevant part that statute stated as follows: [N]o action shall be brought […]