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Youssefi v. Youssefi

February 03, 2000


Before Judges Skillman, Newman and Fall.

The opinion of the court was delivered by: Fall, J.A.D.


Submitted: December 7, 1999

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

In this matrimonial matter, defendant, Manoutcherhr Youssefi, appeals from entry of a post-judgment order entering judgment against him for $25,124.62, *fn1 consisting of child support arrears ($11,187.70); defendant's share of uninsured medical expenses and medical insurance costs of the children for the years 1992 through 1996 ($6,750.92); previously-ordered unpaid attorney fees ($5,000); a previously-ordered unpaid lump sum due plaintiff ($2,000); and defendant's share of the appraisal costs incurred upon sale of the marital domicile ($186). We affirm.

The parties were divorced on May 23, 1988 in New Jersey after a marriage of approximately nineteen years. Three children were born of the marriage. The parties agreed on all issues except the equitable distribution of two oriental rugs and counsel fees. On the issues of support, the parties agreed defendant would pay $150 per week in child support, allocated $50 per week per child, plus $150 per week in alimony until a jointly-owned parcel of real estate was sold, when the alimony would increase to $250 per week for a period of four years. At the end of the four-year period, alimony would terminate if plaintiff obtained her bachelor's degree; if not, alimony would continue at $150 per week for an additional year, terminating thereafter.

Child support and alimony payments were to be paid by defendant through the Union County Probation Department. Uncovered medical expenses and the costs of medical insurance for the children would be borne by the parties in proportion to their respective incomes.

The judge took testimony on the oriental rugs, found they were exempt as a pre-marital asset, and awarded them to defendant. The judge also required defendant pay $6,600 to plaintiff in attorney fees.

Thereafter, a consent order was entered on September 17, 1992, memorializing a settlement of outstanding issues raised by plaintiff in a post-judgment application. The relevant elements of that consent order essentially provide:

• Plaintiff's claim for alimony arrears and defendant's claim for overpayment of alimony are dismissed;

• Probation shall vacate any alimony arrears shown on its records;

• Effective July 31, 1992, all child support arrears shown on probation's records are vacated;

• The child Sylvia, born on December 14, 1971, is emancipated;

• Defendant will continue to pay child support at the rate of $50 per week per child for the children Elijah, born April 19, 1980, and Eric, born February 27, 1982, through Union County Probation Department;

• Paragraph 7 states "That the afore- mentioned amount of Child Support to be paid is pursuant to the Judgment of Divorce, and is without prejudice to either Plaintiff or Defendant having the right to make application to this Court for an increase or decrease of child Support, together with an increase or decrease in the percentage amount each Party is hereunder obligated to contribute toward Medical Insurance premiums for the children and uninsured or unreimbursed Medical expenses for said children;"

• Defendant gives his consent to plaintiff to move with the children to the States of Florida or Utah;

• All claims by either party for reimbursement for past college costs of Sylvia are dismissed;

• All claims by plaintiff for medical insurance or unreimbursed medical expenses of the children prior to August 13, 1992 are dismissed;

• Paragraph 13 states "For and in consid-eration of the foregoing, it is Ordered that defendant shall pay to Plaintiff the sum of Two Thousand Dollars ($2,000.00) within sixty days of the date of this Order;"

• The Westfield marital domicile was to be conveyed by defendant to plaintiff free and clear of all claims by defendant;

• Defendant would contribute 73% toward the costs of maintaining the children on plaintiff's husband's medical insurance coverage;

• Defendant would contribute 73% toward the costs of unreimbursed medical expenses of the children, and as to both the medical insurance and unreimbursed medical, and "[s]hould defendant fail to reimburse Plaintiff within this thirty (30) day period, Plaintiff shall ...

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