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Pleaded v. Capriola

Decided: February 21, 1985.

YVONNE ZARAGOZA IMPROPERLY PLEADED AS YVONNE ZARAGOSA, PLAINTIFF,
v.
EDWARD A. CAPRIOLA, JR., M.D., DEFENDANT



Krafte, J.s.c.

Krafte

OPINION

While there are several reported cases in New Jersey dealing with support between unmarried cohabitants, none has addressed the complexities involving an application for support of a natural child born to the parties and for a cohabiting child born to one of the parties by a previous marriage, combined with the issue of "palimony". This Court now addresses such a situation.

By way of motion, plaintiff seeks an award of pendente lite maintenance for herself, a natural child of the parties, and a child born to her of another marriage. Defendant counters with a request that plaintiff and her child by a previous marriage be directed to vacate defendant's home, where all persons presently reside.

A developmental history is necessitated. The parties became acquainted in January 1975, when plaintiff became employed in defendant's medical practice. During the summer of 1978, plaintiff and defendant began dating.

In or about November of that year, plaintiff was granted a divorce from her husband and was awarded custody of the child born of the marriage, Omayra Cruz. In July 1982, the parties became aware that plaintiff was pregnant with defendant's child, and they began residing together in Secaucus, New Jersey, along with plaintiff's child, Omayra. In September 1982, their child, Edward A. Capriola III, was born. In October 1982, the parties and children moved to Saddle River, New Jersey. They resided there until approximately June 20, 1983, when they separated, plaintiff moving to Florida and taking both children with her. In July 1984, some thirteen months later, plaintiff and the children returned to the Saddle River residence. In September, discord again arose between the parties, which eventually culminated in plaintiff filing suit. These motions resulted.

RE: EDWARD A. CAPRIOLA, III

This Court will first address the issues related to the parties' natural child, Edward A. Capriola III. Plaintiff requests that defendant provide the following: pendente lite support, life insurance with Edward Capriola III as designated beneficiary, health and medical insurance, plus payment of all uncovered and unreimbursed medical and dental expenses on behalf of the child.

Defendant does not dispute that he is Edward III's father, and that as such, he has an obligation to support his child. Based upon all financial data disclosed in the motion papers, including case information statements, this Court directs that defendant pay to the plaintiff the sum of $110.00 per week through the Bergen County Probation Department as and for support of his child, Edward A. Capriola III, said payments to be retroactive to the initial return date of these motions. This Court further directs that defendant maintain life insurance, with Edward III designated as beneficiary, in a sum equal to that of defendant's two children by a previous marriage who

are presently listed as beneficiaries on such life insurance. Defendant is also directed to maintain Blue Cross/Blue Shield (or its equivalent), major medical and dental insurance covering Edward III. Defendant shall provide proof of such life and health insurance coverage to plaintiff's attorney within thirty (30) days. This Court further directs that defendant be responsible for any uncovered or unreimbursed medical and dental expenses on behalf of Edward III. In the event plaintiff expects to incur such expense in excess of $40.00, plaintiff shall provide 20 days' notice to ...


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