Elizabeth Bollinger v. Jeffrey Engelsman

CourtNew Jersey Superior Court Appellate Division
DecidedDecember 26, 2023
DocketA-3565-21
StatusUnpublished

This text of Elizabeth Bollinger v. Jeffrey Engelsman (Elizabeth Bollinger v. Jeffrey Engelsman) is published on Counsel Stack Legal Research, covering New Jersey Superior Court Appellate Division primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Elizabeth Bollinger v. Jeffrey Engelsman, (N.J. Ct. App. 2023).

Opinion

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ." Although it is posted on the internet, this opinion is binding only on the parties in the case and its use in other cases is limited. R. 1:36-3.

SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-3565-21

ELIZABETH BOLLINGER,

Plaintiff-Respondent,

v.

JEFFREY ENGELSMAN,

Defendant-Appellant.

________________________

Argued October 17, 2023 – Decided December 26, 2023

Before Judges Whipple, Enright and Paganelli.

On appeal from the Superior Court of New Jersey, Chancery Division, Family Part, Somerset County Docket No. FM-18-0322-15.

Paul Joseph Concannon argued the cause for appellant (Dario, Albert, Metz, Eyerman, Canda, Concannon, Ortiz and Krouse, attorneys; Paul Joseph Concannon, on the briefs).

Eric Solotoff argued the cause for respondent (Fox Rothschild LLP, attorneys; Eric Solotoff, on the brief; Jessica Diamond Lia, on the brief; Eliana T. Baer, on the brief). PER CURIAM

In this post-judgment matrimonial matter, defendant Jeffrey Engelsman

appeals from certain provisions of a June 6, 2022 order denying: modification

of his alimony obligation; his request for plaintiff Elizabeth Bollinger to pay

housing related child support expenses; his claim that plaintiff violated his

litigant's rights; and his request that plaintiff pay his counsel fees and costs. We

affirm substantially for the reasons stated in Judge Haekyoung Suh's

comprehensive and well-reasoned opinion.

I.

We glean the pertinent facts and procedural history from the motion

record. The parties were married and have two adult daughters. Following a

contested hearing, the trial court entered a final judgment of divorce (JOD) in

December 2018. An amended JOD (AJOD) was entered on February 26, 2019. 1

The AJOD provided defendant was to pay plaintiff alimony. Defendant's

alimony and child support obligations were based on his income of "$790,000

per year," which was "roughly . . . the [d]efendant's historical gross earned

income . . . over the prior five years." Plaintiff's contribution to child support

1 The JOD was amended for reasons unrelated to this appeal.

A-3565-21 2 was calculated on an imputed income of $35,000.

Defendant was employed at The TCW Group, Inc. (TCW) as Chief

Compliance Officer (CCO) from August 2014 until his termination in December

2020. His termination agreement stipulated TCW would provide a lump sum

severance payment of $1,000,000 in January 2021 and direct payment for his

continued COBRA premiums, approximately $1,000 a month. Further, upon

defendant's termination, TCW invoked its right to repurchase his TCW stock,

valued at $1,997,949. TCW was to pay defendant the full value of the stock

over the course of five years in equal installments. Following his termination,

defendant unsuccessfully searched for alternative full-time employment.

However, he was able to find part-time work as a consultant where he earned

over $200,000. He also collected unemployment benefits.

Under the AJOD, the parties agreed "to divide child support expenses

[seventy percent] to [d]efendant and [thirty percent] to [p]laintiff." The parties'

oldest daughter, now age twenty-five and emancipated in May 2019, had resided

with plaintiff and graduated from the University of Maryland. The parties'

youngest daughter, now age twenty-two, resided with defendant when she was

not attending the University of Southern California and has since graduated from

the university.

A-3565-21 3 On April 15, 2022, defendant filed a motion requesting the trial court:

reduce his alimony obligation due to a substantial change in his financial

circumstances; schedule a plenary hearing to address his financial issues; find

plaintiff violated the AJOD by failing to satisfy her child support obligations;

order her to reimburse him; and award him counsel fees. Plaintiff filed a cross-

motion requesting the trial court: deny defendant's motion in its entirety; declare

the parties' youngest daughter emancipated; and award her counsel fees. On

May 13, 2022, the judge issued a preliminary order and decision. Plaintiff

accepted the trial court's preliminary order, but defendant did not. Accordingly,

the judge held argument on June 3, 2022.

On June 6, 2022, Judge Suh issued an order with an accompanying thirty-

two-page written opinion. She denied all of defendant's requested relief except

an award of additional child support.2

II.

On appeal, defendant contends that the judge: (1) "erred in determining,

without discovery or a plenary hearing, that [he] did not experience a substantial

2 The judge granted that part of plaintiff's cross-motion that sought the youngest daughter's emancipation, and the child was emancipated as of May 13, 2022. Defendant did not oppose that part of plaintiff's cross-motion and that issue is not on appeal. A-3565-21 4 change in his financial condition to warrant review or modification of his

alimony obligation"; (2) "erred in holding [him] to a higher standard of proof

than a prima facie showing of a substantial change in his financial condition in

denying his application for review and modification of his alimony obligation";

(3) "erred in [her] assessment of factors under N.J.S.A. 2A:34-23(k), in denying

[his] application for review and modification of his alimony obligation"; (4)

abused her discretion "by including the principal and gain payments from the

forced repurchase of the TCW stock assets as income to [him] for [the purpose

of paying] alimony"; (5) "erred in determining, without discovery or a plenary

hearing, that the 'child support expenses' that the parties agreed to share on a

[seventy/thirty] basis under their [JOD] d[id] not include fixed costs (i.e.

housing related expenses) incurred on behalf of the child"; (6) "erred in denying

[his] application to hold plaintiff in violation of litigant's rights for her failure

to contribute towards, and reimburse defendant for, her share of the 'child

support expenses' pursuant to their [JOD]"; and (7) erred in "denying [his]

application for counsel fees and costs." We disagree.

Our review of a Family Part order is limited. See Cesare v. Cesare, 154

N.J. 394, 411 (1998). "Appellate courts accord particular deference to the

Family Part because of its 'special jurisdiction and expertise' in family matters."

A-3565-21 5 Harte v. Hand, 433 N.J. Super. 457, 461 (App. Div. 2013) (quoting Cesare, 154

N.J. at 413). "Only when the trial court's conclusions are so 'clearly mistaken'

or 'wide of the mark' should we interfere . . . ." Gnall v. Gnall, 222 N.J. 414,

428 (2015) (citing N.J. Div. of Youth & Fam. Servs. v. E.P., 196 N.J. 88, 104

(2008) (quoting N.J. Div. of Youth & Fam. Servs. v. G.L., 191 N.J. 596, 605

(2007))). An appellate court "will reverse only if [it] find[s] the trial judge

clearly abused his or her discretion, such as when the stated 'findings were

mistaken[,] . . . the determination could not reasonably have been reached on

credible sufficient evidence present in the record[,]' or the judge 'failed to

consider all of the controlling legal principles[.]'" Clark v. Clark, 429 N.J.

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Elizabeth Bollinger v. Jeffrey Engelsman, Counsel Stack Legal Research, https://law.counselstack.com/opinion/elizabeth-bollinger-v-jeffrey-engelsman-njsuperctappdiv-2023.