Laura Dilaura v. Edward Dilaura, Sr.

CourtNew Jersey Superior Court Appellate Division
DecidedMarch 31, 2025
DocketA-1869-23
StatusUnpublished

This text of Laura Dilaura v. Edward Dilaura, Sr. (Laura Dilaura v. Edward Dilaura, Sr.) 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
Laura Dilaura v. Edward Dilaura, Sr., (N.J. Ct. App. 2025).

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NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ."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-1869-23

LAURA DILAURA,1

Plaintiff-Appellant,

v.

EDWARD DILAURA, SR.,

Defendant-Respondent. __________________________

Argued March 11, 2025 – Decided March 31, 2025

Before Judges Gilson, Firko, and Bishop-Thompson.

On appeal from the Superior Court of New Jersey, Chancery Division, Family Part, Passaic County, Docket No. FM-16-1348-97.

Eric J. Warner (Eric J. Warner, LLC) argued the cause for appellant.

Damiano M. Fracasso argued the cause for respondent.

PER CURIAM

1 Plaintiff is now known as Laura Ober. In this post-judgment dissolution matter, plaintiff Laura Ober appeals

from the Family Part's January 23, 2024 order that denied her request for

reimbursement of the parties' two children's college expenses, awarded her

$186.70 for unreimbursed medical expenses, and awarded defendant Edward

DiLaura, Sr. $2,372.50 in counsel fees. We affirm the judge's order denying

plaintiff's request for reimbursement of the college expenses and the $186.70

amount for unreimbursed medical expenses. However, we reverse and remand

the award of counsel fees because the judge did not analyze the required Rule

5:3-5(c) factors.

I.

This matter comes before us for a second time. The chronology is set

forth in this court's unpublished opinion entered on April 23, 2020, in which we

remanded and directed the judge to conduct further proceedings to address the

issues raised on appeal anew and to make the required Rule 1:7-4 findings. See

DiLaura v. DiLaura, Sr., No. A-3656-18 (App. Div. Apr. 23, 2020) (slip op. at

11-13). We incorporate, by reference, the facts stated in our prior opinion to the

extent they are consistent with those developed on remand.

A-1869-23 2 When the parties divorced in 1998, their final judgment of divorce

(FJOD), paragraph twenty-five, included provisions regarding medical expenses

and college costs for the children as follows:

[p]laintiff and defendant shall pay for one-half of the cost of the unreimbursed medical/dental/eye expenses of the children.

....

[p]laintiff and defendant shall consult with each other in regards to the high school and college education of their children at the time of their anticipated enrollment. Said discussions shall include where the children will go to school, the cost of the same[,] and whether or not the parties can afford such education. In the event the parties agree to a specific school for high school and/or college for the [children][,] it is agreed that the parties shall pay for the same based upon their respective incomes at the time of enrollment.

The FJOD ordered defendant to pay $180 per week for child support for both

children.

In May 2014, the parties' son graduated from Seton Hall University. In

May 2016, the parties' daughter graduated from Hofstra University. Both

children were twenty-two years old when they graduated from college.

In March 2017, nineteen years after the FJOD, plaintiff filed her first post-

judgment motion to compel defendant to pay his "fair share" of medical

expenses, college costs, and other relief not challenged on appeal. Defendant

A-1869-23 3 filed a cross-motion to emancipate the children retroactive to the dates of their

college graduations, terminate his child support obligation, and for counsel fees.

With the exception of the enforcement of child support arrears, the motions were

denied without prejudice, and the parties were referred to mediation to address

the issues raised in the motions. Mediation was unsuccessful.

In May 2018, plaintiff filed a second post-judgment motion seeking

essentially the same relief. Defendant filed a cross-motion to retroactively

emancipate the children on the dates of their respective college graduations. On

March 14, 2019, the judge ruled on the parties' motions and entered an order

unaccompanied by a written or oral decision and only stating conclusory

findings. After plaintiff appealed the order, we remanded for further

proceedings.

On remand, the judge conducted a two-day plenary hearing, heard

testimony from the parties, and considered evidence consisting of loan

documents, medical bills, receipts, letters between the parties, plaintiff's case

information statements (CIS) filed in 1998 and 2017, and a deed pertaining to

Bloomingdale property that was deeded to defendant on February 13, 2017, two

months prior to execution of his CIS, which are not contained in the appendix.

A-1869-23 4 Defendant and his sister became constructive trustees of their father's home

where the father lived until his death.

Plaintiff testified that defendant failed to meet his financial obligations or

have "meaningful relationships" with his children after he remarried. Plaintiff

claimed that defendant's new wife did not want him at plaintiff's home , and

eventually, defendant stopped seeing the children. According to plaintiff, the

parties had a discussion "as a family [a] long, long time ago" that the college

costs, consisting of four years of college and two years of graduate school,

would be debt financed and split three ways between the parties and the child.

Plaintiff testified this agreement was made when the parties were "married"

around "1990" but acknowledged it was not reduced to a writing.

Plaintiff claimed that defendant and the older child toured colleges

together, and defendant "agreed" the older child would attend Seton Hall.

Plaintiff testified that defendant did not accompany the younger child during

any college tours. Plaintiff also claimed that defendant "hid assets," including

his interest in his father's Bloomingdale home, which was not disclosed on his

CIS.

Plaintiff testified that she had to liquidate assets, such as stocks and

retirement plan accounts, to provide for the children's financial support.

A-1869-23 5 Plaintiff stated that the paternal grandfather, now deceased, co-signed two loans

for the older child, and the maternal grandfather co-signed two loans for the

younger child. Plaintiff testified that she could not afford a $5,000 retainer to

retain an attorney to file a motion to seek contribution from defendant and chose

not to proceed as a self-represented litigant. In 2016, plaintiff claimed she was

able to retain counsel at "a reduced rate." Plaintiff is employed by Verizon and

earns $160,000 per year.

Defendant testified he was never meaningfully involved in or apprised of

the children's college selections. Defendant stated he never co-signed any

college-related loans for the children. Defendant also testified that he was "not

going to be in any position to help financially because [he was] losing [his]

house . . . getting divorced again, [and was] basically broke." Defendant

explained that he requested a 1098 tax form from plaintiff for the younger child

because he claimed her as a dependent every year on his income tax returns.

Defendant stated the parties spoke about the children attending college but never

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