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Kelly Rasmussen N/K/A Kelly Hahn v. Paul Rasmussen

SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION


April 18, 2011

KELLY RASMUSSEN N/K/A KELLY HAHN, PLAINTIFF-APPELLANT,
v.
PAUL RASMUSSEN, DEFENDANT-RESPONDENT.

On appeal from the Superior Court of New Jersey, Chancery Division, Family Part, Middlesex County, Docket No. FM-12-396-01C.

Per curiam.

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Argued July 7, 2009 - Remanded July 24, 2009 Resubmitted April 5, 2011

Before Judges Fisher and Gilroy.

In this matrimonial matter, plaintiff appealed a post- judgment order entered on May 15, 2008, which, among other things, granted defendant's motion to emancipate a child of the marriage. By way of an opinion filed in this appeal on July 24, 2009, we remanded so the judge could explain the reasons for his ruling. We directed the judge to issue written findings within thirty days, and we retained jurisdiction.*fn1

The trial judge rendered thorough findings in a timely fashion. He determined the child was over the age of eighteen -- she is now nearly twenty-two years old -- and was enrolled in a community college. The judge found, however, that the child's performance in college was problematic; she had failed two courses and achieved a grade point average of only 1.77. The judge recognized that, although still residing with plaintiff, the child had established an independent identity by "buying her own automobile and obligating herself to car payments, insurance and maintenance," and by working twenty-five hours a week at a local bank.

After close examination, we conclude that the judge applied correct legal principles and appropriately evaluated the relevant undisputed facts in deeming the child emancipated. Affirmed.


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