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Liliana Wilson v. James Wilson

October 23, 2012

LILIANA WILSON, PLAINTIFF-RESPONDENT,
v.
JAMES WILSON, DEFENDANT-APPELLANT.



On appeal from Superior Court of New Jersey, Chancery Division, Family Part, Morris County, Docket No. FM-14-1089-07.

Per curiam.

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Argued December 13, 2011

Before Judges Carchman and Nugent.

Defendant James Wilson appeals from parts of a January 28, 2011 Family Part order that: adjudicated defendant in violation of litigant's rights because of his partial non-compliance with the parties' Supplemental Judgment of Divorce (SJOD); compelled him to make certain payments to plaintiff as required by the SJOD and previous court orders; entered judgment against him for counsel fees that the court had previously ordered him to pay to plaintiff; and required him to communicate with plaintiff about certain issues concerning their child. Defendant also appeals from the denial of his motion for reconsideration. The parties' dispute concerning the building in Romania appears to be moot as the result of bankruptcy proceedings. Otherwise, we affirm.

The parties married on October 23, 1993, and were divorced on April 14, 2009, when the court entered a Final Judgment of Divorce. The court entered a SJOD on June 1, 2010. Among its terms, the SJOD required the parties to continue to attempt to sell a boat they had listed for $139,900, and to divide the net proceeds upon its sale; provided that defendant would sell his business and its European counterparts, and, upon its sale, pay to plaintiff thirty-five percent of the net proceeds; and required that defendant sell a commercial building in Romania and pay to plaintiff an equal share of the net sale proceeds. The SJOD also required defendant to pay plaintiff annual alimony of $30,000 for seven years, provided that the parties would share joint legal custody of their child, denoted defendant as the parent of primary residence, and established a parenting time schedule, as well as child support obligations.

On October 23, 2009, after considering cross-motions the parties had filed, the trial court found defendant in violation of litigant's rights for not adhering to the parenting time schedule. Among other forms of relief, the court directed defendant to pay $7,075 representing plaintiff's counsel fees.

Additional motion practice ensued. In December 2010, plaintiff filed another motion to enforce litigant's rights. The court granted that motion in an order entered on January 28, 2011, supported by a written statement of reasons. Defendant filed a motion for reconsideration, which the court denied on March 18, 2011. Defendant appealed from those orders. Following the filing of defendant's notice of appeal, plaintiff filed a Chapter 7 bankruptcy petition. It appears that during the bankruptcy proceeding, the trustee accepted defendant's offer to pay $35,000 to buy out plaintiff's interest in the building in Romania.*fn1

Defendant raises the following issues on appeal:

THE COURT ERRED BY NOT DELETING THE FOLLOWING PARAGRAPHS OF ITS JANUARY 28, 2011 ORDER, SPECIFICALLY:

1) PARAGRAPH 1 OF THE ORDER WHICH FOUND DEFENDANT IN VIOLATION OF LITIGANT'S RIGHTS FOR FAILURE TO COMPLY WITH THE SUPPLEMENTAL JUDGMENT OF DIVORCE (SJOD) FILED ON JUNE 1, 2010, AND THE COURT ORDERS OF OCTOBER 23, 2009, MARCH 12, 2010 AND JUNE 28 2010, WHICH REQUIRED DEFENDANT TO NOTIFY PLAINTIFF IN WRITING OF THEIR SON['s] EXTRA CURRICULAR SCHOOL ACTIVITIES WITHOUT ANY FACTUAL BASIS FOR THE SAME.

2) THE PORTION OF PARAGRAPH 3 THAT REQUIRED DEFENDANT TO PROVIDE PLAINTIFF WITH AN UPDATED CASE INFORMATION STATEMENT INCLUDING HIS 2010 W-2'S, 1099'S AND 2009 FEDERAL, STATE AND BUSINESS TAX RETURNS DESPITE THE FACT THAT COMMENCING FEBRUARY 11, 2011 DEFENDANT HAS PAID PLAINTIFF THE SUM OF $2,000 PER MONTH TOWARD THE $49,919.45 THE COURT AWARDED PLAINTIFF AS HER SHARE OF DEFENDANT'S BUSINESS.

3) PARAGRAPH 4 OF THE ORDER WHICH REQUIRED DEFENDANT TO PURCHASE PLAINTIFF'S INTEREST IN THE ROMANIAN REAL ESTATE AND WHICH REQUIRED DEFENDANT TO PROVIDE AN UPDATED CASE INFORMATION STATEMENT.

4) PARAGRAPH 8 OF THE ORDER WHICH REQUIRED DEFENDANT TO REIMBURSE PLAINTIFF THE SUM OF $4,000 REPRESENTING ONE-HALF OF THE TOTAL COST PAID BY THE PARTIES TO ATTEND ...


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