Harrington v. Harrington

141 A.3d 1228, 446 N.J. Super. 399, 2016 N.J. Super. LEXIS 105
CourtNew Jersey Superior Court Appellate Division
DecidedMarch 16, 2016
StatusPublished
Cited by3 cases

This text of 141 A.3d 1228 (Harrington v. Harrington) 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
Harrington v. Harrington, 141 A.3d 1228, 446 N.J. Super. 399, 2016 N.J. Super. LEXIS 105 (N.J. Ct. App. 2016).

Opinion

L.R. JONES, J.S.C.

This ease presents issues concerning retroactive emancipation and modification of previously unallocated, court-ordered child support, when the parties have multiple children. For the reasons set forth in this opinion, the court holds the following:

1) When parties have multiple children covered under an unallocated child support order, and a child becomes emancipated, such emancipation is a change of circumstance, for which either party may seek review and modification of the existing unallocated child support order;
2) In a situation where a parent seeks a retroactive modification of unallocated child support for multiple children based upon a child’s emancipation, while there are still other unemancipated children, the court has the discretion to retroactively modify, or not modify, child support back to the date of a child’s emancipation, depending upon certain equitable factors set forth in this opinion.

FACTUAL BACKGROUND

Plaintiff and defendant divorced on February 15, 2012. At the time, they had three unemancipated daughters:1 Jessica, (then a twenty-year-old college student), Ellen (then a seventeen-year-old high school student planning to attend college), and Susan (then a fifteen-year-old high school student). Under their settlement terms, the parties agreed to share joint legal custody of the children, with defendant serving as parent of primary residence. The parties further agreed that plaintiff would pay defendant $240 per week in child support. Notably, the child support was unallo[402]*402cated, and not broken down or allocated into specific dollar amounts for each child, either on a one-third ($80 per child) basis or otherwise. Moreover, the parties agreed that plaintiff and defendant would each also reasonably contribute to the children’s college education costs, with the amounts to be determined “at the time the college expense is incurred.”

Thereafter, plaintiff did in fact pay unallocated child support to defendant of $240 per week, as agreed. At no time thereafter did either party file any motion to either enforce or increase, decrease, or otherwise modify the support agreement based upon any change of circumstances. Nor did either party seek to enforce the college contribution provision of the agreement. Instead, the parties simply continued to maintain the status quo, with defendant paying the unallocated child support of $240 per week as originally and mutually stipulated.

In September 2014, the parties agreed to emancipate both Jessica and Ellen, effective September 1, and 19, 2014, respectively. Two orders were entered confirming same, thereby leaving one remaining child, Susan, unemancipated. At the time, Susan was starting her senior year of high school and was uncertain as to whether she was going to attend college following graduation.

The parties did not raise or address with each other any proposed modifications (increases, decreases, or other changes) to defendant’s ongoing child support obligation. In fact, for nearly a year-and-a-half thereafter, neither plaintiff nor defendant filed any motion with the court for a review and/or potential modification of the child support arrangements, based upon either a substantial change in circumstances arising from the consensual emancipation of two children, or for any other reason. Further, neither party requested, submitted or exchanged any updated case information statements setting forth their current incomes and updated financial documentation and information, which would have been necessary for review had either party in fact filed a formal motion for the court to modify child support.

[403]*403In June 2015, Susan graduated high school. At the time, there was still ongoing uncertainty as to whether she would or would not continue her education by attending community college in September 2015. She did, however, continue residing with her mother, and this living arrangement was fully known to both parents at all times. Meanwhile, plaintiff continued to pay the same $240 per week to defendant, without any stated objection or protest from either party. Ultimately, in September 2015, Susan elected not return to school, but did continue living with her mother, again with her father’s full knowledge. Susan also obtained a small part-time job.

On February 11, 2016, approximately a year-and-a-half after the September 2014 orders emancipating Jessica and Ellen, plaintiff filed a motion with the court, without prior notice to or discussion with defendant. In his application, plaintiff sought various forms of relief, including a court order retroactively allocating the previously unallocated support from $240 per week to $80 per week per child, back to September 2014, and then decreasing his unallocated child support obligation of $240 by two-thirds, or by $160 per week ($80 per week for each of the two emancipated children) to $80 per week, effective September 10, 2014. He then sought to emancipate Susan and terminate the final $80 per week obligation, retroactive to July 1, 2015, i.e., shortly after Susan’s high school graduation.

In response, defendant consented to the present emancipation and termination of child support for Susan (effective her emancipation date, which was ultimately determined to be September 1, 2015). She objected, however, to plaintiffs request for a retroactive modification of child support from $240 per week to $80 per week effective retroactively to September 10, 2014, through the date of Susan’s emancipation. Defendant argued that plaintiff never previously filed a timely and proper motion to modify the unallocated child support arrangement following the September 2014 emancipation of their two oldest daughters, even though he had every right and ability to do so at any time. Instead, plaintiff [404]*404simply continued to follow the existing child support order and pay the unallocated support funds to defendant, who accepted the money in good faith and used the proceeds to help maintain the primary residence of the parties’ remaining unemancipated daughter.

Hypothetically, while an emancipation motion filed in September 2014 may have theoretically resulted in a review and a potential modification of child support a year-and-a-half ago, plaintiff never filed such a motion. Defendant thus contends that, pursuant to New Jersey’s anti-retroactivity statute, N.J.S.A. 2A:17-56.23a, the court should not permit plaintiff to retroactively decrease or otherwise adjust unallocated child support for any date prior to Susan’s emancipation.

By consent, the parties agreed to treat the emancipation date of both Jessica and Ellen as September 10, 2014. Originally, Jessica was emancipated as of September 1, 2014, and Ellen was emancipated as of September 19, 2014. As the eighteen-day gap had only a de minimus effect on the child support analysis in this case, for the sake of clarity and simplicity, the parties agreed to proceed as if both children were by consent emancipated on the same date of September 10, 2014, which is a relative midpoint between September 1 and 19, 2014.

LEGAL ANALYSIS

RETROACTIVE MODIFICATION OF UNALLOCATED SUPPORT: ONE-AND-A-HALF YEARS AFTER EMANCIPATION OF TWO CHILDREN

In this case, there are two established legal principles that arguably lead to opposite conclusions.

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Bluebook (online)
141 A.3d 1228, 446 N.J. Super. 399, 2016 N.J. Super. LEXIS 105, Counsel Stack Legal Research, https://law.counselstack.com/opinion/harrington-v-harrington-njsuperctappdiv-2016.