Alimony & Spousal Support

Child Attending College is Not Emancipated

In the New Jersey Appellate Case of Tobasco v. Tobasco, 20-2-1523 App. Div., the Appellate Panel affirmed a trial court order finding the judge appropriately recognized that the husband had again failed to demonstrate an inability to earn income to the Property Settlement Agreement’s (PSA) stipulated level and again failed to demonstrate the parties’ oldest child should be declared emancipated notwithstanding her enrollment in college. The parties were married in 1985, had two children (in 1991 and 1995), and were divorced in 2006 by way of a judgment that incorporated their PSA. Pursuant to the PSA, husband agreed to make weekly payments of $193 in child support and $154 in alimony to wife. These financial obligations were based on the parties’ stipulated assumption that husband was capable of earning at least $52,000 per year even though he was not realizing that income at the time of the divorce. At issue in this appeal is the propriety of a trial court order that, among other things, denied without prejudice husband’s motion for an order deeming that oldest child emancipated; denied without prejudice a termination of husband’s alimony obligation; denied relief regarding wife’s declaration of the youngest child as a dependent on her income tax return; and awarded wife $1,000 in counsel fees and costs. The appellate panel affirms the order, finding the judge appropriately recognized that husband had again failed to demonstrate an inability to earn income to the PSA’s stipulated level and again failed to demonstrate the parties ‘oldest child should be declared emancipated notwithstanding her enrollment in college. The judge’s disposition of these and the other issues in question fell well within his discretion. [Decided October 4, 2013]

Reference: New Jersey Law Journal (October 14, 2013) “Unpublished Opinions”

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