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Farzan v. Farzan

Superior Court of New Jersey, Appellate Division

September 30, 2013

MAHNAZ FARZAN, Plaintiff-Respondent,
v.
REZA FARZAN, Defendant-Appellant

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Argued September 24, 2013

On appeal from Superior Court of New Jersey, Chancery Division, Family Part, Monmouth County, Docket No. FM-13-676-05.

Reza Farzan, appellant, argued the cause pro se.

Robert A. Abrams argued the cause for respondent.

Before Judges Reisner and Carroll.

PER CURIAM

Defendant, Reza Farzan, appeals from portions of an August 21, 2012 Family Part order which, among other things, (1) denied his motion to terminate child support for his eighteen-year old daughter; (2) reduced to judgment prior counsel fee awards in plaintiff's favor, totaling $2300; and (3) awarded plaintiff an additional $700 counsel fee by virtue of defendant having again filed a frivolous, repetitive, and unsupported motion. We affirm, substantially for the reasons stated by Judge John R. Tassini in his written findings which accompanied the August 21, 2012 order.

I.

The parties were married in 1998 and had two children, a son, born in 1989, and a daughter, born in 1994. A judgment of divorce (JOD) was entered on June 25, 2009. The JOD incorporated a property settlement agreement (PSA) entered into between the parties on the same date. Article III of the PSA obligated defendant to pay child support for the daughter in the sum of $9880 per year, payable $190 weekly, which at the time of this motion had increased to $199 weekly. Additionally, §3.3 provided, in relevant part, that "child support shall terminate upon the emancipation of the child . . . ." Emancipation was defined in Article IV, as follows:

4.1 A child shall be deemed, for purposes of this Agreement, to have become emancipated upon the earliest happening of any of the following:
4.2 "Emancipation" of a child as used in this Agreement shall be deemed to have occurred upon the earliest happening of any of the following events.
a) The child attaining the age of eighteen (18) years unless the child shall be pursuing a reasonably continuous course of college education leading to an undergraduate degree as a full-time day, undergraduate student at an accredited college or university, in which event emancipation shall not take place until the child attains the age of twenty-two years, unless another emancipation event shall have previously occurred. This paragraph shall apply equally if the children shall pursue a full-time vocational course of study. . . .

In Article XIII of the PSA, the parties also agreed that they would both contribute to their children's college expenses to the extent they were financially able to do so, under the principles set forth in Newburgh v. ...


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