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Scheps v. Paparazzo

July 29, 2009

DARA-ANN SCHEPS F/K/A PAPARAZZO, PLAINTIFF-APPELLANT,
v.
VICTOR PAPARAZZO, DEFENDANT-RESPONDENT.



On appeal from the Superior Court of New Jersey, Chancery Division, Family Part, Passaic County, Docket No. FM-16-1187-03.

Per curiam.

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Argued June 1, 2009

Before Judges Sabatino and Simonelli.

Plaintiff Dara-Ann Scheps appeals from the July 18, 2008 Family Part order denying her motion for various relief stemming from the failure of defendant Victor Paparazzo to abide by the terms of a February 27, 2008 consent order (consent order). On appeal, plaintiff contends that the motion judge erred in: (1) failing to enforce the consent order as to her entitlement to counsel fees; and (2) incorrectly calculating interest due as a result of defendant's failure to make timely payments required by the consent order. We reverse and remand for further proceedings.

We summarize the relevant facts from the record. The parties were married on June 5, 1993. Plaintiff filed a divorce complaint.*fn1 On December 9, 2004, the trial judge entered a final judgment of divorce, incorporating the parties' oral settlement agreement placed on the record.*fn2 On December 21, 2004, the judge entered a supplemental judgment of divorce, which required defendant to, among other things, make a two-stage payment of alimony as follows:

4. Stage one of the alimony resolution obligates defendant to make the following payments to [plaintiff]:

i. January 1, 2006 $48,000

ii. November 1, 2006 $48,000

iii. May 1, 2007 $24,000

10. Stage two of the alimony resolution obligates defendant to make the following payments to [plaintiff]:

i. August 1, 2007 $12,000

ii. November 1, 2007 $12,000

iii. February 1, 2008 $12,000

iv. May 1, 2008 $12,000

v. August 1, 2008 ...


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