DIVORCE – FAMILY LAW – CHILD SUPPORT

M.B. v. D. B. , N.J. Super. App. Div. (per curiam) (13 pp.) Plaintiff, through her matrimonial attorney, appealed the order requiring her to reimburse defendant for SSD payments she received on behalf of the parties’ children while he had custody of the children and the denial of her applications for increased alimony and counsel fees. Plaintiff was the parent of primary residence for the children but relinquished custody to defendant when she entered a treatment facility for alcohol and drug abuse. The trial court ordered plaintiff to pay child support to defendant. She began receiving SSD benefits for herself and the children about the time she entered the treatment facility. She kept the SSD benefits received for the children. The SSD benefits for the children were more than the court-ordered child support she was paying. The court found the trial court properly examined the dates covered by the lump sum SSD payment for the children and correctly awarded the payment to plaintiff when she had custody of the children, to defendant when he had custody of the children for the time plaintiff was paying child support and offset the amount owed to defendant by the child support plaintiff had paid. The trial court failed to consider the increase in defendant’s bonus and stock income in considering the requested alimony increase and failed to make any factual findings as to counsel fees to her county divorce lawyer.

First Posted in the NJSBA Daily Briefing October 5, 2018

Kevin M. Regan, Esq. Morris County Divorce Lawyer Matrimonial Attorney Morris County Bergen County Divorce Lawyer Somerset County Divorce Lawyer Passaic County Divorce Lawyer Essex County Divorce Lawyer Sussex County Divorce Lawyer

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