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Tehmina Ali v. Shaukat Ali

November 21, 2011

TEHMINA ALI, PLAINTIFF-RESPONDENT,
v.
SHAUKAT ALI, DEFENDANT-APPELLANT.



On appeal from the Superior Court of New Jersey, Chancery Division, Family Part, Sussex County, Docket No. FM-19-307-99.

Per curiam.

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Submitted November 7, 2011

Before Judges Sabatino and Fasciale.

In this post-divorce matrimonial action, defendant-father appeals from (1) a July 9, 2010 order emancipating the parties' two oldest children (F.S.M. born in 1982, and A.A., born in 1987), requiring defendant to pay child support for F.S.M. until his emancipation date, and ordering the exchange of the parties' financial information for the court to recalculate the amount of defendant's child support obligation for the parties' youngest child (M.M., born in 1993);*fn1 and (2) an October 15, 2010 order modifying defendant's child support for M.M.*fn2 We affirm.

The parties were divorced on December 31, 2002, and have had extensive litigation stemming from their relationship.*fn3 In May 2010, defendant filed a motion seeking to emancipate F.S.M. and A.A. and to compel plaintiff to disclose the location, address, and salary of the older children. In June 2010, plaintiff cross-moved to compel defendant to pay child support arrears through probation and increase his child support obligation for M.M.

On July 9, 2010, the judge conducted oral argument, issued an oral opinion, and entered an order. The judge granted defendant's motion and emancipated F.S.M. effective May 20, 2004 and A.A. effective May 22, 2009. Because the judgment of divorce (JOD) required defendant to pay $30 per week in child support for F.S.M. from January 1, 2003 to F.S.M.'s emancipation and the amount had not been calculated in the child support guidelines since the date of the JOD, the judge ordered defendant to pay $2,164 in child support for F.S.M. for that period. The judge denied defendant's request to learn the location, address, and salary of F.S.M. and A.A., stating:

[The] information is no longer relevant to these proceedings. Furthermore, [d]efendant knows where the two children are[,] having improperly sought to subpoena them and their employers. Prospectively, their wages are none of [d]efendant's concern unless the children choose to tell him.

The judge then granted plaintiff's cross-motion and ordered defendant to pay child support through probation pursuant to prior orders. Finally, the judge directed the parties to submit current W-2 forms in order to recalculate defendant's child support obligation for M.M.

On October 15, 2010, relying on the parties' W-2s, the judge entered an order modifying defendant's child support obligations. The two-page handwritten order stated:

Effective 5/22/09 [(the date of A.A.'s emancipation)] defendant's child support is modified to $184 per week. . . . . The court included the $250 per week [in alimony] which [defendant] pays plaintiff. Plaintiff was given the allowance for the parties' son and was designated [h]ead of [h]ousehold and [defendant] was designated as married as he remarried since the parties' divorce. [Defendant] claim[ed] health benefits on behalf of [M.M.] which the [c]court calculate[d]. . . . . [The c]court calculates 73 weeks from 5/22/09 through 10/15/10 at the difference of $161 per week or a credit to [defendant] of $11,753. [Defendant] shall pay child support of $100 per week, though, receiving a credit of $84 per week until the credit is exhausted. Probation shall adjust its records accordingly.

On October 28, 2010, the judge amplified his orders and reasons:

The December 3, 2002 [JOD] with written opinion dated December 23, 2002 specifically provides:

Pursuant to the Child Support Guidelines, the weekly child support due plaintiff from the defendant for the two minor children, [A.A. and M.M.], is $239 weekly, and child support shall ...


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