On appeal from the Superior Court of New Jersey, Chancery Division, Family Part, Monmouth County, Docket No. FM-13-1460-04B.
NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION
Before Judges Parker and Seltzer.
In this post-judgment matrimonial matter, plaintiff Andrew Cohen appeals from an order entered on September 15, 2006 denying his application to terminate child support and decrease his financial contribution to unreimbursed medical and college expenses for the parties' son Alex.
The parties were married on June 7, 1981 and had two children: Evan, born May 5, 1983, and Alex, born May 3, 1986. A dual judgment of divorce was entered on June 2, 2005. The judgment incorporates a Property Settlement Agreement (Agreement) settling all issues, including custody, support and equitable distribution. At the time the divorce was granted, Evan was emancipated and the parties agreed to joint legal custody of Alex, who was at that time a freshman at the University of Massachusetts. The parties agreed to depart from the Child Support Guidelines*fn1 and defendant agreed to accept substantially less child support because Alex was residing at school during most of the year. Plaintiff agreed to pay $85 per week to defendant in child support for Alex. The parties further agreed that plaintiff "shall open a bank account in Alex's name and shall deposit $50 [per] week in same for Alex's personal expenses commencing 6/3/05." If, at some point, Alex no longer resided primarily with defendant, the parties agreed to renegotiate child support and, if they are unable to reach an agreement, "they shall attempt to do so through mediation, prior to resorting to the Courts." Plaintiff also agreed to pay sixty-five percent of Alex's college expenses after Alex "utilizes all loans, grants and scholarships available to him," and sixty-five percent of Alex's unreimbursed medical expenses. Emancipation of Alex was defined in the agreement as:
a. reaching the age of [eighteen] years or the completion of [four] academic years of continuous college education consisting of full-time attendance, taking at least twelve (12) credits per semester, whichever [occurs last];
b. marriage by the child;
c. permanent residence away from the residence of the parent who has physical custody. A residence at boarding school, camp or college is not to be deemed a residence away from the residence of the parent who has physical custody and hence such residence at boarding school, camp or college is not to be deemed emancipation;
f. entry by the child into the [A]rmed Forces of the United States;
g. engaging in full-time employment upon and after the attainment by the child of [eighteen] years of age except if the child ...