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John Angelastro v. Michelle D. Angelastro

March 7, 2011

JOHN ANGELASTRO, PLAINTIFF-APPELLANT,
v.
MICHELLE D. ANGELASTRO, DEFENDANT-RESPONDENT.



On appeal from the Superior Court of New Jersey, Chancery Division, Family Part, Camden County, Docket No. FM-04-1868-07W.

Per curiam.

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Argued January 26, 2011 - Decided

Before Judges Sapp-Peterson and Fasciale.

Plaintiff appeals from that portion of the June 2, 2010 Family Part order denying his post-judgment motion seeking modification of alimony and child support. We reverse.

The parties entered into a property settlement agreement (PSA), which they orally placed on the record before the court in May 2008, and a final judgment of divorce (FJOD) was entered in June 2008. In September 2008, the parties memorialized the PSA. The specific terms of the PSA relevant to this appeal are as follows:

ARTICLE II

SUPPORT AND MAINTENANCE OF HUSBAND AND WIFE

1. SPOUSAL SUPPORT AMOUNT

The [h]usband shall pay to the [w]ife[,] starting at the sale of the marital home[,] the sum of $350[] a week in [a]limony commencing for a period of six (6) years. Upon the completion of aforementioned six (6) years[,] the [h]usband's [a]limony obligation shall reduce to that of $200[] and continue for a period of eight (8) years thereafter representing a total payment period of fourteen (14) years.

The aforementioned shall be terminated upon the following factors:

A. Death of either of the parties;

B. The remarriage of the [w]ife;

C. Defined by New Jersey ...


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