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Feldman v. Feldman

September 27, 2010

JANIS OOLIE FELDMAN, PLAINTIFF-RESPONDENT,
v.
GREGORY L. FELDMAN, DEFENDANT-APPELLANT.



On appeal from Superior Court of New Jersey, Chancery Division, Family Part, Somerset County, Docket No. FM-18-200-05.

Per curiam.

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Argued September 14, 2010

Before Judges Wefing, Payne and Koblitz.

In this post-judgment matrimonial matter, defendant Gregory L. Feldman appeals from numerous provisions of an order denying reconsideration entered in the Family Part on December 1, 2008, nunc pro tunc to October 30, 2008. For the reasons that follow, we affirm all but one of the decisions. We reverse and remand for a speedy plenary hearing with regard to the child's schooling only.

I.

The pertinent factual background may be summarized as follows. The parties were married on November 28, 1992, and have one child, K., born in 1996. The parties were divorced by a dual judgment entered on August 9, 2005. The judgment incorporated a custody and parenting time agreement including the following language:

1. The Plaintiff, Janis Oolie-Feldman (hereinafter "Mother") shall be custodial parent of the minor child, [K.] Feldman. The Defendant, Gregory L. Feldman (hereinafter "Father"), shall have parenting time as provided herein. Mother shall make all decisions regarding the child. As to major decisions that are not routine day to day decisions, the Mother shall give advance notice to the Defendant of any decision in sufficient time so as to permit Defendant to voice any objection, or make court application, if appropriate. Father shall make daily decisions when [K.] is in his care. Each party shall notify the other as soon as possible in the event of any emergency regarding the child.

2. The Father shall pay child support in accordance with the New Jersey Child Support Guidelines utilizing Father's imputed income of $51,400 and plaintiff's actual income of $53,000. Work related child care and health insurance costs related to the child shall be factored into said Guidelines. . . . .

9. The parties acknowledge that their daughter attends Solomon Schechter school. They agree that their daughter shall continue to attend Solomon Schechter. The parties shall both cooperate with the schools in providing all financial and other requested information in timely fashion so as to not endanger [K.'s] continued enrollment. It is understood that the school divides the tuition costs equally and then reviews each parent [sic] financial situations [sic] to determine his or her amount to be paid.

The parties agree to participate and cooperate in said procedure.

The following month, the court on its own motion appointed psychologist Dr. Sharon Ryan Montgomery as a "Parent Coordinator" to "assist the Parties and the child to promote the child's best interest in general." This September 30, 2005, order spells out the responsibilities and role of the parent coordinator, which includes the possibility of preparing reports for the parties or the court.*fn1

The parties entered into a consent order regarding parenting time on October 5, 2006, which expanded defendant's parenting time by three nights per month, specified that it did not modify the previously set child support, and acknowledged that K. was attending a new Solomon Schechter Day School (SSDS) in East Brunswick, her third such religious school.*fn2

Numerous post-judgment applications were made by both parties.*fn3 Only those post-judgment matters relevant to the issues before ...


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