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Caputa v. Caputa

August 2, 2007

KERRI A. CAPUTA, PLAINTIFF-RESPONDENT,
v.
DAVID A. CAPUTA, DEFENDANT-APPELLANT.



On appeal from Superior Court of New Jersey, Chancery Division, Family Part, Gloucester County, Docket No. FM-08-646-98.

Per curiam.

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Submitted July 17, 2007

Before Judges Fuentes and Graves.

Defendant David A. Caputo appeals from a post-judgment Family Part order dated September 15, 2006, denying his motion to reduce his child support payments and his child support arrears. After reviewing the record and the applicable law in light of the contentions advanced on appeal, we affirm.

On appeal, defendant presents the following arguments:

POINT I

THE TRIAL COURT ERRED IN FAILING TO REVIEW CHILD SUPPORT AND MODIFY SAME IN ACCORDANCE WITH CURRENT INCOMES.

POINT II

CHILD SUPPORT ARREARS OF $36,010 SHOULD BE VACATED OR, IN THE ALTERNATIVE, DEFENDANT SHOULD BE CREDITED FOR THE EXPENSES HE PAID AND ECONOMIC BENEFITS HE CONCEDED AS THE PARTIES MUTUALLY MODIFIED THEIR AGREEMENT.

The parties have three children: Matthew, born December 31, 1992, is fourteen; Allyson, born July 2, 1994, is thirteen; and Kristen, born September 10, 1996, is ten years old. Pursuant to their final judgment of divorce, dated June 21, 1999, the parties share joint legal custody of the children. The divorce judgment also contains the following provisions regarding parenting time and child support:

2. Custodial Time. The Plaintiff and Defendant shall have custodial time with the children on an alternating week-by-week basis. Both parties will also have complete telephone access to the children and they shall have time with the children during the week in the evenings as may be mutually agreed. Based upon the parties' anticipated proximity and distance between their respective residences, the parties will continue to share transportation as they have heretofore done. The holidays will be worked out between the parties, and, if the parties are unable to agree, then this issue may be brought before the [c]court for a judicial determination.

B. CHILD SUPPORT AND CHILD SUPPORT RELATED ISSUES

1. Child Support. Effective the first Friday following Plaintiff having vacated the marital residence, Defendant shall pay child support in the sum of $130 every week, allocated equally between the three minor children. The child support is based upon the Child Support Guidelines, more specifically, Plaintiff's gross annual income of $36,000 and income imputed to Defendant of $62,000. The child support shall be paid on a weekly basis, and, in the event that two weekly payments are missed, Plaintiff shall have the right to have all future child support payments made by way of a wage execution through the Gloucester County Probation Department. Notwithstanding the foregoing, in the event Plaintiff requests Defendant to take care of ...


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