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Kisala v. Kisala

October 16, 2007

NSONSA KISALA PLAINTIFF-APPELLANT,
v.
BEATRICE E. KISALA, DEFENDANT-RESPONDENT.



On appeal from Superior Court of New Jersey, Chancery Division, Family Part, Bergen County, FM-02-370-03.

Per curiam.

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Argued May 23, 2007

Before Judges A. A. Rodríguez and Collester.

Plaintiff Nsonsa Kisala appeals from an order of the Family Part on June 23, 2006, which directed in pertinent part the following:

1. Plaintiff's request to receive credit for his payment of [his son's] health insurance is DENIED without prejudice due to plaintiff's failure to provide the Court with written documentation regarding the insurance cost for [his son].

2. The parties consent to [his son] spending the summer with plaintiff from July 1, 2006 through August 20, 2006. Defendant shall have parenting time with [her son] from Friday July 7th to Sunday July 9th and July 21st through July 23rd.

3. While [his son] is residing with plaintiff this summer, plaintiff's child support shall be reduced by 37% pursuant to the Child Support Guidelines. Commencing July 1, 2006 plaintiff's child support obligation shall be $94.50 per week plus $30.00 towards arrears. However, commencing August 20, 2006, plaintiff's child support obligation shall be $150.00 per week plus $30.00 towards arrears. Plaintiff's child support obligation shall be paid via wage garnishment through Probation.

4. Plaintiff shall continue to pay defendant directly $25.00 per week as set forth on the Final Judgment of Divorce and May 4, 2006 Order.

6. Both parties shall enroll within thirty (30) days in the parenting class offered by the Red Cross. Plaintiff shall view the parenting film, "Don't Divorce the Children." Plaintiff shall be contacted by the Family Division to set up an appointment to view the film. . . .

Plaintiff and defendant Beatrice Kisala were married in September 1997. One child was born of the marriage on August 19, 1998. The parties separated in October 1999. On December 16, 2002, a final judgment of divorce was entered dissolving the marriage. The judgment incorporated the parties' agreement to share joint legal custody of their son with residential custody remaining with defendant. Plaintiff also agreed to pay $150 per week in child support "unallocated so that a decrease in child care costs would not be a basis to reduce child support." Further, plaintiff was to pay defendant $25 per week for payment of miscellaneous expenses for the child. A subsequent order of July 23, 2004, increased child support to $174 per week payable through the Bergen County Probation Department and pursuant to an order of garnishment. Plaintiff was also to pay defendant $12 per week for health insurance, which represented the additional cost for her son under her employer's health plan.

On August 3, 2004, plaintiff filed a motion to reduce child support and to recuse Judge Lois Lipton, the motion judge who entered the July 23, 2004 order, alleging grounds that she was biased against him. On September 14, 2004, the parties entered into a consent order reducing plaintiff's child support payments to $150 per week.

On February 16, 2006, plaintiff filed a motion to abate his child support obligation during the time his son would spend summer vacation with him. Plaintiff also moved again to have Judge Lipton recused. Defendant then filed a cross-motion for plaintiff to continue to pay $25 per week in addition to the child support award as per the agreement at the time of divorce.

The matter was heard on May 4, 2006, by Judge Deborah Ustas of the Bergen County Family Part. Defendant consented to her son spending the summer with plaintiff from July 1, 2006 through August 20, 2006 with specified dates for her parenting time, and Judge Ustas accordingly reduced plaintiff's child support ...


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