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D.W. v. P.W.

November 18, 2010

D.W., PLAINTIFF-RESPONDENT,
v.
P.W., DEFENDANT-APPELLANT.



On appeal from the Superior Court of New Jersey, Chancery Division, Family Part, Mercer County, Docket No. FM-11-603-01.

Per curiam.

RECORD IMPOUNDED

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Submitted October 26, 2010

Before Judges Yannotti and Espinosa.

Defendant appeals from an order entered by the Family Part on December 17, 2009, awarding plaintiff reimbursement for certain child custody expenses. Defendant also appeals from an order entered by the Family Part on December 30, 2009, which denied her motion for reconsideration of the court's order of August 24, 2009 order and for other relief. We affirm.

The following facts are pertinent to our consideration of this appeal. The parties were married on September 14, 1986. The court entered an order dated February 27, 2003, dissolving the marriage and on October 10, 2003, following a trial on various contested issues, the court entered a final judgment as to equitable distribution, alimony, child support, custody, parenting time and counsel fees.

The judgment provided, among other things, that the parties would share joint legal custody of their two minor children: a daughter, A.W., and a son, N.W. In the judgment, defendant was designated as the parent of primary residence for the children and plaintiff was ordered to pay child support in the amount of $1148.00 per month.

On January 27, 2006, plaintiff sought the immediate issuance of an order granting him custody of the children. In support of that application, plaintiff submitted evidence that defendant had physically abused one of the children. The court entered an order dated January 27, 2006, awarding plaintiff temporary physical custody of the children.

In February 2006, the court awarded plaintiff primary residential custody of the children, pending the completion of defendant's psychiatric evaluation and a child custody evaluation. By order dated January 31, 2007, the court ordered defendant to pay child support in various amounts, retroactive to January 27, 2006. Effective November 1, 2007, defendant's child support obligation was fixed in the amount of $873.00 per month.

Judge Mark J. Fleming conducted a plenary hearing in the custody dispute and entered an order dated June 12, 2008, granting plaintiff sole legal and primary physical custody of the children. Defendant sought reconsideration of the court's order, which the court denied on August 5, 2008. Defendant appealed and we affirmed the trial court's custody determination. D.W. v. P.W., No. A-6227-07 (App. Div. Mar. 10, 2009).

In May 2009, plaintiff filed a motion in the trial court seeking, among other things, an order requiring defendant to pay her proportional share of certain unreimbursed medical, dental and camp expenses for the children. In July 2009, defendant filed a cross-motion in which she sought, among other relief, to have plaintiff held in contempt for failing to pay previously court-ordered expenses of $1386.48; an order restraining plaintiff from enrolling the children in summer camp unless required due to his work schedule; an order granting her the right to enroll N.W. in classes for religious instruction at a church in the vicinity of defendant's residence; and to have plaintiff held in contempt for failing to encourage A.W. to participate in parenting time with her.

After hearing oral argument and placing his decision on the record, Judge Fleming entered an order dated August 24, 2009, which provided, among other things, that the parties shall pay their proportional shares of the children's medical and summer camp expenses and permitted plaintiff to enroll N.W. in a school for religious instruction at a church near plaintiff's residence. In November 2009, defendant filed a motion for reconsideration of various provisions of the August 24, 2009 order and for other relief, including retroactive modification of her child support obligation.

The court entered an order dated December 17, 2009, which required defendant to pay plaintiff for unreimbursed medical, dental and camp expenses in the amount of $3176.00, less the $1386.00 that plaintiff owed defendant, for a balance of $1760.46. The court also entered an order dated December 30, 2009, which, among other things, granted in part defendant's motion for a retroactive modification of her child support obligation, and denied defendant's motion to direct ...


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