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Basile v. Shanley

Superior Court of New Jersey, Appellate Division

July 11, 2013

SUSANN BASILE (f/k/a/ SUSANN SHANLEY), Plaintiff-Appellant,
v.
BRIAN K. SHANLEY, Defendant-Respondent.

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Submitted June 18, 2013.

On appeal from the Superior Court of New Jersey, Chancery Division, Family Part, Ocean County, Docket No. FM-15-967-11W.

D'Arcy Johnson Day, attorneys for appellant (Kevin J. Musiakiewicz, on the briefs).

Mensching & Lucarini, attorneys for respondent (John J. Mensching, on the brief).

Before Parrillo and Messano, Judges.

PER CURIAM

Plaintiff Susann Basile appeals from a post-final judgment of divorce (FJD) order entitling her to a credit only for those principal mortgage payments made after entry of the FJD and then only to the extent payable out of the net proceeds of the sale of the marital home. We affirm.

Plaintiff and defendant Brian K. Shanley were married on November 1, 1987 and divorced by FJD of July 19, 2011. They have two children, one emancipated and a seventeen-year old who resides with plaintiff and is in her sole custody. The parties owned a heavily mortgaged (fifteen-year) marital home, which defendant vacated at time of separation in October 2010, and a rental property.

The FJD included a property settlement agreement (PSA) containing the following provisions relevant to this appeal:

1. Aug Sept [2011] payment for the marital home to be paid out of the credit line tied to the rental property.
2. Commencing on October 15, 2011, the defendant shall pay $1, 500 for unallocated support until the marital house is sold.
4. Upon the sale of the marital home the parties defendant [sic] shall pay child support for [Daughter] in the amount of $910 ...

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