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Simonelli v. Simonelli

October 23, 2007

DENISE E. SIMONELLI, PLAINTIFF-RESPONDENT,
v.
JOSEPH H. SIMONELLI, DEFENDANT-APPELLANT.



On appeal from Superior Court of New Jersey, Chancery Division, Family Part, Monmouth County, Docket No. FM-13-1029-97A.

Per curiam.

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Argued September 24, 2007

Before Judges Parrillo and Graves.

This is a post-judgment matrimonial matter. Defendant Joseph Simonelli appeals from an order dated June 30, 2006, denying his motion to reduce his child support and alimony obligations and his request for counsel fees. On appeal, defendant presents the following arguments:

POINT I

THE TRIAL COURT'S DENIAL OF THE DEFENDANT/APPELLANT'S REQUEST FOR A MODIFICATION OF ALIMONY WAS CLEARLY ERRONEOUS UNDER LEPIS V. LEPIS, AS DEFENDANT/APPELLANT HAS SHOWN A CHANGE OF CIRCUMSTANCES[.]

POINT II

THE TRIAL COURT'S DENIAL OF THE DEFENDANT/APPELLANT'S REQUEST FOR A MODIFICATION OF CHILD SUPPORT WAS CLEARLY ERRONEOUS UNDER LEPIS V. LEPIS, AS WELL AS THE CHILD SUPPORT GUIDELINES AS DEFENDANT/APPELLANT HAS SHOWN A CHANGE OF CIRCUMSTANCES[.]

POINT III

THE TRIAL COURT'S REFUSAL TO GRANT A PLENARY HEARING WAS CLEARLY ERRONEOUS AS THERE WAS, AT A MINIMUM, A GENUINE ISSUE OF FACT AS TO THE DEFENDANT/APPELLANT'S ABILITY TO PAY THE SUPPORT OBLIGATIONS[.]

POINT IV

THE TRIAL COURT'S RELIANCE ON THE "LAW OF THE CASE" AND THE DECISIONS OF PREVIOUS TRIAL COURT JUDGES WAS CLEARLY ERRONEOUS AS THE PREVIOUS ...


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