Harte v. Hand

105 A.3d 1171, 438 N.J. Super. 545
CourtNew Jersey Superior Court Appellate Division
DecidedAugust 1, 2014
StatusPublished

This text of 105 A.3d 1171 (Harte v. Hand) 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
Harte v. Hand, 105 A.3d 1171, 438 N.J. Super. 545 (N.J. Ct. App. 2014).

Opinion

LIGHT, J.S.C.

This case sets forth the methodology to equitably set child support in cases of multiple family obligations, expanding on the Appellate Division’s recent decision in Harte v. Hand, 433 N.J.Super. 457, 462, 81 A.3d 667 (App.Div.2013). Second, it clarifies the effect of the self-support reserve in modifying child support awards. Finally, it sets out the procedure to modify and equitably distribute child support among multiple children when the obligor’s income falls below the self-support reserve.

I. Procedural Background

This case is on remand from the Appellate Division decision of December 18, 2013. The Appellate Division consolidated and remanded two decisions entered by the trial court on November 7, 2011. This court is tasked with recalculating two child support obligations for defendant, one for plaintiff Susan Marie Harte and [551]*551the other for plaintiff T.B. The factual history of this case is set forth in the Appellate Division’s decision of December 18, 2013, and on the record of the trial court decision of November 7, 2011. This court will not reiterate the factual background here, but will note that defendant has three children with three separate mothers. One child lives with defendant and his current partner. One child lives with Harte. The third child lives with T.B. Harte and T.B. are the custodial parents of the children who live with them.

The Appellate Division found that the trial court erred in calculating defendant’s two separate child support obligations because it did not take into account the financial effect that one order had on the other. The trial court calculated the orders as if defendant had no prior child support obligation, thus inflating the amount of income available to him. The Appellate Division found this calculation inequitable, holding that “[ejquality in treatment for the mothers should not be obtained by requiring the father to pay an inappropriately high level of support for both children.” Harte, supra, 433 N.J.Super. at 462, 81 A.3d 667. A later-born child should likewise not be penalized by having a child support award lower than that of his older siblings. Id. at 463, 81 A.3d 667. One goal of calculating child support for multiple families is to ensure parity among the children of the obligor. Ibid.

II. Legal Analysis

The Child Support Guidelines (“guidelines”) shall be applied when a court calculates or modifies child support and may only be modified or disregarded for good cause shown. Child Support Guidelines, Pressler & Verniero, Current N.J. Court Rules, comment 1 on Appendix IX-A to R. 5:6A at 2108 (2012)2; Lozner v. Lozner, 388 N.J.Super. 471, 480, 909 A.2d 728 (App.Div. 2006). Nevertheless, the guidelines constitute a rebuttable presumption. Pressler & Verniero, supra, comment 1 on Appendix [552]*552IX-A at 2108. This means the guidelines are presumed correct unless one party proves their use inappropriate in a specific case. Ibid. Where a guidelines-based child support order would cause injustice, the court may disregard the award upon a showing of good cause. See Ribner v. Ribner, 290 N.J.Super. 66, 73, 674 A.2d 1021 (App.Div.1996); Chobot v. Chobot, 224 N.J.Super. 648, 649, 541 A.2d 251 (App.Div.1988).

Where a party has multiple family obligations and pays child support to children of different households, the court has discretionary power to adjust or disregard a guidelines-based award. Harte, supra, 433 N.J.Super. at 462, 81 A.3d 667; Pressler & Verniero, supra, comment 10(b) on Appendix IX-A at 2503; Pressler & Verniero, supra, comment 21(o) on Appendix IX-A at 2515.

Previous child support obligations represent income not available to the payor when determining a current child support award. Pressler & Verniero, supra, Appendix IX-B at 2528. As such, when calculating child support, the court deducts the prior child support obligation from the obligor’s weekly adjusted gross taxable income. Ibid. Without modification, the first-born child will receive a higher child support order because the obligor’s income is considered without prior child support deductions. The later-born child’s award will be less because the obligor’s income is reduced by his or her previous child support order. To remedy this situation, the court may either average the custodial parent’s awards or find another equitable solution to ensure that all children are treated fairly while taking into account the obligor’s ability to pay. Harte, supra, 433 N.J.Super. at 462, 81 A.3d 667.

To equitably calculate child support awards for multiple family obligations, the court will use the formula set forth in the Appellate Division’s decision with certain modifications discussed below. The court will calculate two separate child support obligations for each custodial parent and then average the two together. One award is calculated as if the obligor has no prior child [553]*553support order, and the other is calculated taking into account the prior support order, or orders. The court then averages each custodial parents’ two worksheets together. The average of the two shall become the child support award for that custodial parent.

In the instant case, as directed by the Appellate Division, the court will calculate child support using the schedule in effect on November 7, 2011, when the child support orders were originally calculated. Additionally, the court will determine child support using the financial information of the parties as it existed at the time, although present circumstances may have changed.

We begin by calculating child support for Harte without taking into account defendant’s child support obligation to T.B. Harte’s income is $1245 per week. Her work-related daycare expense is $221 per week. The child’s share of the health insurance premium is $11. For income tax purposes, she filed as a single and took three allowances. Defendant’s income is imputed at $1100 per week. He pays $55 a week for union dues. He received an Other Dependent Deduction (ODD) in the amount of $177 for his minor child with whom he lives. Defendant filed single with one allowance. According to the guidelines, the child support amount payable to Harte is $216 per week. This represents worksheet number one for Harte.

The second calculation is for T.B., and does not take into account defendant’s child support obligation to Harte. T.B. earns $290 per week. The court approved $48 per week in extraordinary expenses for the child.

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Related

Capaccio v. Capaccio
728 A.2d 253 (New Jersey Superior Court App Division, 1999)
Chobot v. Chobot
541 A.2d 251 (New Jersey Superior Court App Division, 1988)
Ribner v. Ribner
674 A.2d 1021 (New Jersey Superior Court App Division, 1996)
Lozner v. Lozner
909 A.2d 728 (New Jersey Superior Court App Division, 2006)
Susan Marie Harte v. David Richard Hand
81 A.3d 667 (New Jersey Superior Court App Division, 2013)

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Bluebook (online)
105 A.3d 1171, 438 N.J. Super. 545, Counsel Stack Legal Research, https://law.counselstack.com/opinion/harte-v-hand-njsuperctappdiv-2014.