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Radcliffe v. Radcliffe

Superior Court of New Jersey, Appellate Division

October 21, 2013

TERESA A. RADCLIFFE, Plaintiff-Appellant,
v.
GEORGE M. RADCLIFFE, JR., Defendant-Respondent.

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Argued: October 9, 2013

On appeal from the Superior Court of New Jersey, Chancery Division, Family Part, Sussex County, Docket No. FM-19-536-97.

Ann M. Pompelio argued the cause for appellant.

David H. Dumbroff argued the cause for respondent (O'Donnell & Dumbroff, attorneys; Mr. Dumbroff, on the brief).

Before Judges Simonelli and Haas.

PER CURIAM

In this post-judgment matrimonial matter, plaintiff appeals from the December 18, 2012 order of the Family Part granting defendant's motion to emancipate the parties' daughter, terminating his child support obligation, and excusing him from contributing toward the child's post-high school education and health care costs. We reverse.

The parties were married in 1987 and divorced on September 28, 1998. They have one daughter, who was eighteen years old at the time defendant filed his motion for emancipation. The parties' Property Settlement Agreement (PSA) required defendant to pay plaintiff $91 per week in child support. By the time of the post-judgment motion at issue here, defendant's child support obligation was $186 per week. Defendant also agreed to provide health insurance for the child and to contribute to her uncovered health care expenses.

a. The completion of the child's formal education on a matriculated basis, whether it be graduation from a four year undergraduate school or high school. It is understood that as long as the child is diligently pursuing his or her formal education through a four year high school or a four year undergraduate college education, is obtaining passing grades, and is deemed by the college or school to be a full time student, the child shall not be considered emancipated.
b. Upon the completion of any of the prior segments of the child's education and upon failure to commence the next segment of his or her education, or upon leaving school, the child shall be deemed emancipated. A child shall not be emancipated if one fails to continue his or her education because of some injury, illness or other cause beyond the child's control.
c. The marriage of the child.
d. Entry into the military or armed forces of the child.

The parties also agreed to jointly pay for their daughter's post-high school education. ...


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