NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION
Submitted February 26, 2013
On appeal from the Superior Court of New Jersey, Chancery Division, Family Part, Sussex County, Docket No. FM-19-320-95.
Brady & Correale, L.L.P., attorneys for appellant (Robert D. Correale, on the brief).
Hollander, Strelzik, Pasculli, Pasculli, Hinkes, Gacquin, Vandenberg & Hontz, LLC, attorneys for respondent (Catherine Anne Gacquin, on the brief).
Before Judges Alvarez, Waugh, and St. John.
Plaintiff Keith Fletcher appeals the Family Part's April 13, 2012 order requiring him to contribute to his children's college expenses. We affirm in part, but remand to the Family Part for an evidentiary hearing to reconsider the amount and percentage of Fletcher's contribution.
We discern the following facts and procedural history from the record on appeal.
Fletcher and defendant Tayo J. Euston were married in 1985. They have two children: a son, born in 1986, and a daughter, born in 1989. They were divorced in 1995. In a property settlement agreement (PSA) incorporated into their judgment of divorce, they agreed that "[b]oth parties shall contribute to the post-secondary educational costs of the children to the amount that they are financially able to do so. Furthermore, it is the intention of the parties that the children shall obtain and apply for any and all available student loans, scholarships and grants."
The son attended Drew University and graduated with a Bachelor of Arts degree in May 2008. He took out $2, 546.25 in student loans, and received $36, 000 in scholarships and grants. The remaining college expenses of $126, 699.75 were paid by Euston and her current husband.
The daughter attended Fairleigh Dickinson University, Sussex County Community College, and Centenary College. She took $3500 in student loans, and was awarded $24, 100 in scholarships and grants. The remaining expenses of $59, 063.50 were also paid by Euston and her current husband.
Fletcher's earnings during the years the children were in college, as evidenced by his W-2 forms, were as follows: $167, 155 in 2004; $147, 133 in 2006; $160, 911 in 2007; $167, 179 in 2008; and $115, 899 in 2009. He certified that he was unable to locate his 2005 W-2. Fletcher's case information statement indicated an estimated income of $110, 000 for 2010, with monthly expenses of $11, 176. However, no supporting documentation was provided. He certified that he was facing reduced income as a consultant in a weakened California economy, and that he and his current wife ...