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Slater v. Slater

Decided: January 19, 1988.

STEFANIE SLATER, PLAINTIFF-RESPONDENT,
v.
MARC B. SLATER, DEFENDANT-APPELLANT



On appeal from the Superior Court of New Jersey, Chancery Division, Family Part, Camden County.

Michels, Shebell and Arnold M. Stein. The opinion of the court was delivered by Michels, P.J.A.D.

Michels

Defendant Marc B. Slater appeals from portions of two post-judgment orders of the Chancery Division, Family Part, entered in this protracted matrimonial matter involving plaintiff Stefanie Slater. The provisions of the order of February 26, 1987 challenged by defendant read:

Ordered that Defendant shall pay to Plaintiff interest on $4,000.00 at the rate of 12% per annum from May 16, 1985 through December 31, 1985, and 9.5% on said $4,000.00 from January 1, 1986 through and up to January 23, 1986;

IT IS FURTHER ORDERED that a wage execution shall be issued against the wages of Defendant in the sum of $753.69 bi-weekly for child support and rehabilitative alimony;

IT IS FURTHER ORDERED that Defendant shall pay all medical bills incurred on behalf of his children, Jennifer and Michael, to the treating physician directly, and that he is to submit the necessary insurance forms to his insurance carrier to cover said expenses;

IT IS FURTHER ORDERED that at the end of each year, Plaintiff shall then reimburse Defendant 50% of all medical costs which are not covered by Defendant's insurance carrier within ten (10) days;

IT IS FURTHER ORDERED that Defendant's Cross Motion for a permanent injunction against Robert Block shall be DENIED, but Defendant is free to file a Complaint with this Court naming Robert Block as an additional party litigant to this action;

IT IS FURTHER ORDERED that Defendant's request for attorney's fees shall be and the same is hereby DENIED;

IT IS FURTHER ORDERED that Defendant's visitation of the children born of the marriage on the July 4 holiday is deemed to be the July 4, and July 4 only, and shall not be interpreted to extend past that one (1) day;

The provision of the order of April 21, 1987 challenged by defendant reads:

IT IS FURTHER ORDERED that the Defendant shall pay to the Plaintiff's attorney, Sufrin & Zucker, P.C., the sum of $600.00 as counsel fees in connection with the filing of Plaintiff's Motion within twenty-one (21) days from March 27, 1987, specifically by April 17, 1987.

I.

We turn first to defendant's challenge to the validity of the wage execution. The judgment of divorce of October 27, 1985 required defendant to make bi-monthly payments to plaintiff of $384.46 for rehabilitative alimony and $369.23 for child support retroactive from August 1, 1985. On January 16, 1986, the trial court ordered defendant to make all future alimony and child support payments "through the Camden County Probation Department, the first payment being due at the Camden County Probation Department on Thursday, January 2, 1986 and each payment thereafter due at the Probation Department

within fourteen (14) days of the previous payment." Significantly, the order also contained the following provision:

IT IS FURTHER ORDERED that if any two payments to the Camden County Probation Department are late, an automatic wage execution shall issue against the defendant, Marc B. Slater, ...


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