On appeal from the Superior Court of New Jersey, Chancery Division - Family Part, Bergen County, FM-2-855-96.
The opinion of the court was delivered by: Axelrad, J.T.C. (temporarily assigned).
NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION
Before Judges Coburn, Axelrad & R. B. Coleman.
Plaintiff Donald Tretola appeals from the Family Part's November 7, 2005 order denying his request to emancipate his son and requiring a contribution towards his son's college expenses. At issue in this appeal are the rights of the non-custodial parent to information and modification of his support and educational obligations for the parties' son, who is both employed and attending college full time. We reverse and remand for discovery and a plenary hearing.
The parties have two children, Donald, born September 1, 1981, and Daniel, born September 12, 1986. A dual judgment of divorce was entered on October 10, 1996, incorporating the terms of a property settlement agreement (PSA). The PSA provides for defendant to be the custodial parent and for plaintiff to pay child support for the minor children until they are emancipated, as defined by the parties as follows:
With respect to a child, an Emancipation Event shall occur or be deemed to have occurred upon the earliest happening of any of the following:
(i) Reaching the age of 18 years or the completion of post-secondary education, whichever last occurs.
(iii) Permanent residence away from the residence of the Wife;
(v) Entry into the armed forces . . .;
(vi) Engaging in full-time employment, or the ability to engage in full-time employment, upon and after the attaining by the child of 18 years of age, except and provided that (1) engaging by the child in partial employment shall not be deemed an Emancipation Event; and (2) engaging by the child in full-time employment during vacation and summer ...