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Wednesday, November 11, 2009

11-09-09 GONZALEZ-POSSE V. RICCIARDULLI

11-09-09 CELINA GONZALEZ-POSSE V. JOSE RICCIARDULLI
A-6446-06T3

We hold that the Family Part order, modifying spousal
support by extending the term of limited duration alimony from
five years (at $500 weekly), which the parties agreed to in a
property settlement agreement, to seventeen years (at $100
weekly), failed to meet the heightened statutory standard of
"unusual circumstances", N.J.S.A. 2A:34-23(c); or to adhere to
the presumption that the durational feature of the support
obligation be preserved; or to otherwise give effect to the need
for, and purpose of the original agreed-upon arrangement.


Assistant Editor: Umair Hussain