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Hudson v. Hudson11/5/1998
Argued September 29, 1998
On appeal from Superior Court of New Jersey, Chancery Division, Family Part, Hunterdon County.
This case requires us to examine the extent to which a current spouse's income may be considered in allocating a child's college expenses between the former spouse-father and the mother of the child. In determining the allocation here, the motion Judge, presumably relying on our decision in Ribner v. Ribner, 290 N.J. Super. 66 (App. Div. 1996), simply added the income of the mother and her current spouse together, compared this total with that of the former spouse and calculated that each parent was responsible for one-half of the total college cost. Additionally, on a motion for reconsideration, the Judge concluded that the former spouse's share of college expenses included child support. Plaintiff Norma Drago (formerly Norma Hudson), the child's mother, appeals, and we now reverse. We conclude that it was error to combine the two incomes to establish plaintiff's share of college expenses and to hold that such contribution included child support.
The relevant facts are not in dispute. Plaintiff and defendant Robert C. Hudson were divorced by judgment dated May 6, 1988. After the divorce, plaintiff married her current spouse, Ronald Drago (Drago). At the time of the divorce, the parties' son Jeremy, then approaching his tenth birthday, lived in a shared custody arrangement. Custody was changed on two subsequent occasions with Jeremy residing with each parent for short periods of time. In 1996, Jeremy went to live with his mother, and child support was fixed at $540 per month. During the post-divorce period until his later years in high school, Jeremy manifested a number of adolescent problems, but in his senior year of high school, Jeremy changed direction and focused on religious activities, ultimately pursuing a college education. Jeremy's efforts were rewarded as he was offered admission to Messiah College.
In response to the financial burden imposed by Jeremy's college education, the parties unsuccessfully attempted to negotiate the issues of child support and college contribution. Plaintiff then moved for an order which sought, among other things, to compel defendant to pay college expenses. Defendant, in the interim, entered into a consent order and agreed to continue child support at its present level until September 1997.
Both parties presented updated Case Information Statements (CIS), and, at the request of defendant, Drago supplied a certification of his earnings. There was no dispute as to the income figures presented. Defendant argued that in determining the relative obligations of the parties, the court should apply Ribner and consider Drago's income in determining plaintiff's contribution to college expenses. Defendant relied on the language of that decision that "funds given by the [current] spouse to plaintiff constituted income which was not exempt from consideration in determining plaintiff's support obligation to her children." Id. at 75.
The Judge did not cite Ribner but adopted defendant's arguments in determining the issues before him. We quote his findings:
"Pursuant to the financial documents submitted to Court, the Court finds the following. Plaintiff is employed by the Communication Workers of America and based upon plaintiff's 1996 W-2 income statement, plaintiff earns a net weekly income of $491. Additionally, the Court notes the plaintiff has remarried. As such, the -- Court finds it fair and reasonable to consider the family income necessary to meet all expenses when considering the proper allocation of college expenses. Her husband's pay stubs do not clearly indicate his em
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