Emancipation Requires Oral Argument

Thomas Mynes sought the emancipation of his 22-year old daughter and the concomitant termination of child support to Mary Mynes, his former spouse. The application for emancipation was terminated without a hearing and Plaintiff appealed. The parties divorce included a property settlement agreement (PSA) which addressed the termination of child support. In 2012, the Plaintiff sought emancipation of the parties two children and the Defendant did not oppose the motion but the Family Part judge determined that only the parties' son need be emancipated and no oral argument was needed. In 2014, the Plaintiff again filed for emancipation of the parties' daughter claiming that she would have been done with school had she attended full-time and the Defendant filed papers in opposition claiming the parties' daughter was still in school and seeking counsel fees. The court again did not hear oral argument, as required by N.J.C.R. 5:5-4 which requires oral argument "when significant substantive issues are raised and argument is requested." Palombi v. Palombi, 414 N.J. Super. 274 (App. Div. 2010). The judge denied the motion and denied both parties' requests for counsel fees. The judge determined that R.M. remained in school due to a time off for a medical hiatus which is not an emancipation event. The judge held that emancipation of the parties' daughter should occur in 2016. On appeal in Mynes v. Mynes, the Plaintiff claimed that a hearing was required. The N.J. Appellate Division looked to Patetta v. Patetta, 358 N.J. Super. 90 (App. Div. 2003), Keegan v. Keegan, 326 N.J. Super. 289 (App. Div. 1999) and Llewelyn v. Shewchuk, 440 N.J. Super. 207 (App. Div. 2015) in review of standards and presumptions relating to emancipation. The Family Part judge failed to address whether R.M. had moved beyond the sphere of parental influence. The judge's denial of oral argument based on the conclusion that no evidence outside the motion papers existed was misplaced as there was a question regarding the extent and reason for any interruption of the daughter's education. In light of the discrepancies in the parties' positions, the N.J. Appellate Division reversed and remanded the matter for a plenary hearing regarding the contested issues. If you are seeking or fighting the emancipation of a child, you should consult an experienced family law attorney immediately in order to protect your rights and ensure your request is viable. For more information on child support, custody, parenting time/visitation, divorce, alimony, palimony, modification of a family court order or other family or juvenile law matters in New Jersey visit DarlingFirm.com. This blog is for informational purposes only and in no way intended to replace the advice of an attorney.

Emancipation Granted And Alimony Increase Denied

Dripps v. Dripps, is an appeal from a Family Court Order issued pursuant to the parties post-judgment divorce Motions with regard to alimony and emancipation. The Defendant, ex-wife, moved before the court for an increase in her alimony. The Plaintiff, ex-husband, brought a Cross-Motion for relief which included the emancipation of the parties' two (2) children. The Family Court issued an Order denying an increase in alimony, granting the emancipation of the children, and denying the Motion for reconsideration. The Defendant appealed. The Appellate Court affirmed the decision of the Family Division. On appeal, the Defendant essentially sought to re-litigate the property settlement agreement (PSA) that was incorporated into the parties' final judgment of divorce. Specifically, the Defendant contested the Family Court's failure to increase her alimony and the grant of emancipation of her children. According to the Appellate Court, on appeal, legal issues involving the interpretation of a contract are subject to plenary review. Vosough v. Kierce,437 N.J. Super. 218, 241, 97 A.3d 1150 (App. Div. 2014), certif. denied, 221 N.J. 218, 110 A.3d 931 (2015). "A trial court's interpretation of the law and the legal consequences that flow from established facts" are not entitled to "special deference" on appeal. Manalapan Realty, L.P. v. Twp. Comm. of Twp. of Manalapan, 140 N.J. 366, 378, 658 A.2d 1230 (1995). However, the Family Court's findings of fact should be upheld "if they are supported by adequate, substantial and credible evidence on the record" and they are not "so wide of the mark that a mistake must have been made." N.J. Div. of Youth & Family Servs. v. M.M., 189 N.J. 261, 279, 914 A.2d 1265 (2007). When a Motion or a Cross Motion is brought for enforcement or modification of a prior Order or Judgment, a copy of the Order or Judgment sought to be enforced or modified shall be appended to the pleading filed in support of the Motion. N.J. Court Rule 5:5-4. Further, when a Motion is brought for the entry or modification of an Order or Judgment for alimony or child support based upon a showing of changed circumstances, the pleading filed in support of that Motion shall have appended to it a copy of the prior Case Information Statements (CIS). Id. The Defendant failed to submit the prior Judgement of Divorce (JOD) and PSA and failed to submit the requisite CIS, and therefore the Appellate Division found that the court properly denied her Motion. With regard to the emancipation, one of the children was twenty-three (23) and the other twenty-two (22), working and had not attended college for three (3) semesters. According to the Appellate Court, the circumstances of the children at the time of the hearing clearly met the parties' PSA definition of emancipation and public policy favors settlement of litigation. Bistricer v. Bistricer, 231 N.J. Super. 143, 151, 555 A.2d 45 (Ch. Div. 1987). An agreement to settle litigation is a contract, which like all contracts freely entered into, should be honored and enforced absent fraud or other compelling circumstances. Brundage v Estate of Carambio, 195 N.J. 575, 601, 951 A.2d 947 (2008). Therefore, the decisions of the Family Court were affirmed. Being that the laws governing alimony have recently been changed, it is very important that you seek out the advice of an attorney to protect your rights an entitlements. If you think that it may be beneficial for you to petition the court for a post-judgment modification of your alimony or emancipation status of your children or for any other reason it is imperative that you seek out the advice of an experienced attorney before moving forward. For more information about alimony, divorce, post-judgment modification, child support, or other family law matters in New Jersey visit the DarlingFirm.com. This blog is for informational purposes and in no way is intended to replace the advice of an attorney.

Court Denies Woman's Request To Reduce Alimony Obligation

In the recent Appellate Division case out of Essex County, Clark v. Pomponio, Bonnie Clark, Plaintiff, appealed from a 2013 post-judgment modification Court Order that denied her Cross Motion for a reduction in her alimony obligation owed to Defendant, Anthony Pomponio. The Appellate Division affirmed the decision of the lower court. The parties in this case were married in 1982 and only one child was born of the marriage. For the majority of the marriage the parties owned and operated North Jersey Diamond Wheel (NJDW). The Plaintiff filed for divorce in 2001 and the Defendant filed an Answer and Counterclaim in 2002. During the divorce proceedings the Defendant filed for Chapter 13 Bankruptcy. During his automatic bankruptcy stay under 11 U.S.C.A. 362(a) the trial court dismissed the Defendant's Answer for failure to provide discovery. After the stay was lifted the trial court entered a default judgment in 2004. In 2005, the court issued a judgment of divorce (JOD), which distributed the marital assets, set forth the Plaintiff's waiver of alimony, and awarded counsel fees to the Plaintiff. The Defendant appealed, arguing that his right to present an affirmative defense was denied because his Answer was improperly dismissed. In 2008, the Appellate Court reversed portions of the default judgment that pertained to equitable distribution, counsel fees, and alimony. After a trial was conducted on the issues, the Family Court judge rendered a decision in 2011 memorializing ownership of NJDW to the Plaintiff and required her to pay Defendant permanent alimony in the amount of $35,000 per year which was later reduced to $20,000 a year in 2012. In 2013, the Plaintiff submitted an application to reduce her alimony based upon a change in circumstances with regard to the finances of NJDW. The judge denied the Plaintiff's Motion for an alimony reduction because her Motion failed to attach all prior Case Information Statements (CIS) according to New Jersey Court Rule 5:5-4(a), as well as a lack of a prima facie showing of a change in circumstances. Larbig v. Larbig, 384 N.J. Super. 17, 23 (App. Div. 2006). The Plaintiff appealed. The Appellate Division ruled that post-judgment Motions involving disputes concerning support obligations must be accompanied by both prior and current CISs according to N.J.C.R. 5:5-4(a). The rule is mandatory and not permissive. The CISs provide a way for the trial judge to get a complete picture of the finances of the movants in a modification case. Guyla v. Gulya, 251 N.J. Super. 250, 253 (App. Div. 1991) . Further, alimony awards may be modified according to N.J.S.A. 2A:34-23 and the "party seeking modification has the burden of demonstrating a change in circumstances warranting relief from the support or maintenance obligations." Innes v. Innes, 117, N.J. 496, 504 (1990). In this case, the Plaintiff was unable to show that the reduction in her income was not merely temporary and therefore her Motion was properly denied. If you anticipate that you may want to petition the court for a post-judgment modification of your alimony obligation it is imperative that you seek out the advice of an experienced attorney before moving forward. For more information about alimony, post-judgment modification , equitable distribution, or other family law matters in New Jersey visit HeatherDarlinglawyer.com. This blog is for informational purposes and in no way is intended to replace the advice of an attorney.