On appeal from Superior Court of New Jersey, Chancery Division - Family Part, Morris County, No. FM-14-044-04.
NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION
Argued September 26, 2007
Before Judges Wefing, Parker and R. B. Coleman.
The parties appeal and cross-appeal from post-judgment orders entered by the trial court on June 6, 2006, and August 8, 2006. After reviewing the record in light of the contentions advanced on appeal, we affirm in part and reverse in part.
The parties were married in 1983, and a Judgment of Divorce was entered in September 2003. During the marriage, the couple had three sons. The oldest was nineteen years of age at the time of the divorce and already enrolled in college; he is now twenty-three. The next son was almost seventeen years old and is now twenty-one. The youngest boy was twelve years old when his parents divorced and is now sixteen years of age.
In connection with their divorce, the parties executed a comprehensive property settlement agreement. Article 3 of that agreement set forth their respective obligations with respect to child support. The following paragraphs of Article 3 bear upon the issues before us.
3.3 Support of the children.
A. Commencing July 15, 2003 the husband shall pay to the wife the sum of $4,800 per month as and for the support and maintenance of the children. These payments will be made by check or money order delivered to the residence of the wife. However, the wife may, at her option, elect at any time to have child support payments made through the appropriate probation department.
D. Child support shall be revisited two years from the date of this agreement.
E. Child Support shall cease when Christian graduates college or four years after Christian graduates high school, whichever occurs first.
F. The husband shall pay for Justin's car payment on a monthly basis.
G. The wife shall pay 100% of unreimbursed medical expenses of the children. However, should any of the children incur unreimbursed medical expenses in excess of $500 per year, the husband shall then contribute to medical expenses pursuant to each party's respective income. For the purpose hereof, the term medical expenses shall include, but not be ...