On appeal from Superior Court of New Jersey, Chancery Division, Family Part, Monmouth County, Docket No. FM-13-260-09C.
NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION
Submitted September 28, 2010
Before Judges Yannotti and Espinosa.
Plaintiff Linda J. Lang appeals from the denial of her post-judgment motion for modification of defendant Jay S. Morros's child support obligation for their one child. We affirm.
Both Lang and Morros are physicians. She is a psychiatrist and he is an emergency room physician. When they divorced in 1998 in Pennsylvania after eleven years of marriage, they had one child, B., then four years old. Their property settlement agreement (PSA), which was incorporated into their judgment of divorce, provided for no direct child support payments. It was agreed that Morros would "pay directly to the provider any and all costs for [B.'s] summer camp or similar program, pre-school program, religious school education, after school activity, ranging from day care to athletics, including equipment, lessons, tutoring and other similar expenses." In addition, Morros was responsible for all unreimbursed medical expenses. The PSA further addressed bar mitzvah and college expenses.
Each of the parties moved to New Jersey. By Order dated October 14, 2008, the court granted Lang's request to register the PSA in New Jersey, denied Lang's request to compel Morros to pay tuition and additional weeks of camp expenses, and required the parties to exchange case information statements and financial information, providing that either may file an application for the modification of support at the close of a thirty day discovery period.
Lang filed a motion for modification of support that sought the following relief:
1. establish Morros's child support obligation, effective August 13, 2008;
2. order defendant to pay child support through probation or through wage garnishment;
3. order that the parties share unreimbursed expenses with Lang responsible for 44% and Morros responsible for 56% of such expenses;
4. order that the parties share the expenses for B.'s summer camp and extracurricular expenses on a 44%/56% basis;
5. payment of arrears within ten ...