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Elizabeth Smith, N/K/A Elizabeth Naylor v. Patrick Gilboy

SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION


January 26, 2012

ELIZABETH SMITH, N/K/A ELIZABETH NAYLOR, PLAINTIFF-RESPONDENT,
v.
PATRICK GILBOY, DEFENDANT-APPELLANT.

On appeal from Superior Court of New Jersey, Chancery Division, Family Part, Burlington County, Docket No. FM-03-585-93.

Per curiam.

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Submitted January 17, 2012

Before Judges Grall and Skillman.

Defendant appeals from the part of a post-judgment order entered on January 4, 2011, which determined that he owed plaintiff $7,687.60 in child support arrearages and rescinded the part of a December 1, 2010 order that directed the Probation Department to conduct a formal audit of his account.

Initially, we note that the parties' child was emancipated on June 4, 2009. Therefore, this appeal involves solely the amount of child support arrearages that accumulated up to that date.

The trial court determined that the amount of such arrearages was seven months of child support at the rate of $208 per week, which would be $6,260.80, and two months of child support at the rate of $166 per week, which would be $1,427.60. However, it appears from our own review of the record that the actual amount of defendant's child support arrearages is $7,050.20, that is, 171 days or 24.43 weeks at $208 per week, and 83 days or 11.86 weeks at $166 per week.

Furthermore, the record is inadequate for us to determine what, if any, payments defendant has made with respect to those arrearages. Therefore, an audit by the Probation Department is necessary to make this determination.

Accordingly, the January 4, 2011 order is modified to provide that defendant's child support arrearages are $7,050.20 and the part of that order rescinding the part of the December 1, 2010 order ordering the Probation Department to conduct an audit is reversed and that part of the December 1st order is reinstated.

20120126

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