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Oki v. Oki

July 27, 2010

ABAYOMI OKI, PLAINTIFF-APPELLANT,
v.
IYABO OKI, DEFENDANT-RESPONDENT.



On appeal from the Superior Court of New Jersey, Chancery Division, Family Part, Essex County, Docket No. FM-07-2279-07.

Per curiam.

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Submitted May 25, 2010

Before Judges Gilroy and Simonelli.

Plaintiff Abayomi Oki appeals from that part of the October 7, 2008 dual judgment of divorce that incorporated the trial judge's written decision of September 5, 2008, awarding defendant Iyabo Oki permanent alimony of $800 per month, to be paid at the rate of $400 bi-weekly. Plaintiff also appeals from the January 9, 2009 order denying his motion for reconsideration. We affirm in part, reverse in part, and remand for further proceedings.

The following facts are derived from the evidence presented at trial.

The parties were married on October 25, 1982, and divorced on October 7, 2008. Three sons were born of the marriage, all of whom are emancipated.

During the marriage, plaintiff worked two jobs: (1) as a school teacher with the Jersey City public schools, a position he has held since 2002; and (2) as social counselor at Essex County Hospital (ECH) in Cedar Grove, a position he has held since 1988. His 2007 gross income was $80,617, of which approximately $55,000 was attributable to his teaching position. His teaching position income for 2008 was $55,523.

Defendant worked as a teacher with the Newark public school system, a position she has held since 2001. Her 2007 gross income was $52,956, and her 2008 gross income was $57,500.

The parties purchased a home in South Orange in 1994. At the time of trial plaintiff was renting a one bedroom apartment in Irvington, and defendant resided in the marital home.

Plaintiff was working at ECH and Great Stone Psychiatric Hospital (Great Stone) at the time the parties purchased the marital home. Prior thereto, plaintiff worked two or three jobs at a time to make ends meet. He was terminated from his job at Great Stone in 1996, and thereafter began working as a substitute teacher while still working at ECH. When plaintiff obtained his teaching certificate in 2002, teaching became his primary job and ECH his secondary job.

Early in the marriage defendant also worked two jobs. From 1987 to 1999, she worked at a bank. Prior to becoming a teacher, she worked concurrently as an adjunct professor at Kean University and as a tutor to young children. She stopped working two jobs when she became a full-time teacher.

During the course of the marriage, the parties obtained several loans to maintain their home and pay for their sons' college educations. In 2001, plaintiff filed for bankruptcy.

According to defendant's Case Information Statement (CIS), she had total monthly expenses of $8267, consisting of $3907 in shelter expenses, $679 in transportation expenses, and $3681 in personal expenses. Her monthly expenses included $81 for garbage removal; $140 for lawn care; $250 for cable television; $67 for internet service; $320 for dry cleaning and laundry; and $350 for hair care. She also listed as expenses ...


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