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Mark v. Mark

December 12, 2007

STEVEN MARK, PLAINTIFF-APPELLANT,
v.
MARIA MARK, DEFENDANT-RESPONDENT.



On appeal from Superior Court of New Jersey, Chancery Division, Family Part, Bergen County, Docket No. FM-02-2552-98.

Per curiam.

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Submitted November 14, 2007

Before Judges Skillman and Winkelstein.

This is an appeal from a post-judgment order in a matrimonial action. The parties were divorced in 1999. Two children were born of the marriage, Liana and Lauren. The judgment of divorce incorporated a property settlement agreement which obligated plaintiff to pay defendant child support and also contribute to the costs of his childrens' college educations.

Plaintiff filed a motion for a declaration that his older child, Liana, who was then twenty-one years of age, was emancipated and for termination of his support obligations with respect to her. Defendant filed a cross-motion for enforcement of plaintiff's obligation to contribute to the costs of Liana's college education.

The trial court denied plaintiff's motion in most respects and granted defendant's motion in most respects. The court ordered plaintiff to continue payment of child support for Liana until May 2008 (the end of Liana's fourth year of pharmacy school) and pay 36% of her post-secondary education expenses. Plaintiff appeals from three paragraphs of the order memorializing the trial court's rulings, entered on January 16, 2007, which provide:

2. Liana shall remain unemancipated until the completion of her fourth year of the pharmacy program, which is anticipated to be May of 2008. Therefore, plaintiff's child support obligation for Liana will be TERMINATED on that date. Either party may file for modification of child support upon the older child's emancipation in May of 2008. The obligation to pay child support terminates upon emancipation of the child for whom the obligation is due. Newburgh v. Arrigo, 88 N.J. 529, 543 (1982); Cafaro v. Cafaro, 118 N.J.L. 123, 124 (E. & A. 1937).

4. Plaintiff shall pay defendant $3,103.00 for Liana's out of pocket college room and board costs for the 2006 to 2007 school year within sixty (60) days of the date of this order.

5. Plaintiff shall reimburse defendant $6,060.00 for his 36% responsibility of Liana's out of pocket college room and board costs, and meal plan costs for the college periods of Fall 2004 to Spring 2005 and Fall 2005 to Spring 2006, said by defendant. The Probation Department shall adjust its records and add this amount to plaintiff's arrearages.

Although some of the trial court's rulings were adverse to defendant, she did not file a cross-appeal.

Plaintiff presents the following arguments in support of his appeal:

I. GRANT EMANCIPATION OF MY DEPENDANT CHILD, LIANA F. MARK, DOB 11/19/1985, RETROACTIVE TO THE DATE THAT SHE ATTAINED THE AGE OF TWENTY-ONE, (NOVEMBER, 2006), AS SPECIFICALLY STIPULATED AND MUTUALLY AGREED UPON IN OUR MUTUAL FINAL JUDGMENT OF DIVORCE.

II. ORDER THAT ALL MONIES HAVING BEEN PAID TO THE RESPONDENT AFTER THE DATE AT WHICH EMANCIPATION IS GRANTED, TO BE REIMBURSED ...


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