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deRenzy v. deRenzy

May 14, 2010

KATHY S. DERENZY, PLAINTIFF-RESPONDENT,
v.
EDWARD A. DERENZY, DEFENDANT-APPELLANT.



On appeal from Superior Court of New Jersey, Chancery Division, Family Part, Ocean County, Docket No. FM-15-475-06N.

Per curiam.

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Argued April 21, 2010

Before Judges Miniman and Waugh.

Defendant Edward deRenzy appeals the denial of his motion for modification of his alimony and child support obligation, as well as the referral of his application for additional parenting time to mediation. We affirm.

I.

We discern the following facts and procedural history from the record on appeal. The parties were married in 1979. They had four children: a son born in 1982, a second son born in 1987, a daughter born in 1989, and a third son born in 2001. The parties were divorced in 2006. The judgment of divorce incorporates the terms of their property settlement agreement (PSA). For the purposes of this appeal, the following are the relevant provisions:

3.1 Spousal Support (Alimony). Commencing November 1, 2005, the Husband shall pay as and for spousal support for the Wife the sum of $500 per month, payable directly to the Wife.... Said alimony shall be designated as Limited Duration Alimony and shall terminate upon the first occurrence of one of the following events: Husband's death; Wife's death; Wife's remarriage; or after the expiration of ten (10) years from the commencement date of the alimony. The parties acknowledge that alimony is taxable to the Wife and tax deductible to the Husband.

Alimony and child support have been based upon the Husband's annual income of $109,156, and the Wife's annual income of $40,000.

....

3.2 Child Support. Effective November 1, 2005, the Husband shall pay to the Wife as child support for the three unemancipated children, the sum of $2,500 per month. After the expiration of eight (8) years, child support shall decrease by $1,000. The parties have specifically agreed that child support shall be increased each year with a three (3) percent annual cost of living adjustment. The parties have specifically agreed that there will be no decrease of child support upon [the daughter's] entry into college. The parties have specifically agreed that in return for the Wife accepting a lesser amount of alimony, the Husband will pay a higher amount of child support in order that the Wife may continue to pay the household expenses for herself and the unemancipated children. In addition to the basic child support amount, one-half of the Husband's net bonus each year after federal, state and social security taxes, shall be paid to the Wife as additional child support....

....

Upon each child's enrollment in college, the Husband's obligation to pay child support shall be reviewed, taking into consideration the contribution by each party to college expenses, the cost of college and the ability of the parties to support their children.

Defendant filed his first motion to recalculate his support obligation in April 2007. The motion was denied. In October 2008, he filed a second motion for recalculation of support and for adjustment of his parenting schedule with the youngest child. He argued that there were changed circumstances because ...


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