Iacovelli v. Iacovelli (A-3110-11T3)
Apr 19, 2013OUTCOME: Affirmed
Defendant appeals from a post-judgment order modifying child support. She contends that the court erred in declaring plaintiff the parent of primary residence for purposes of the Child Support Guidelin ... es, contrary to the parties' property settlement agreement (PSA), without an evidentiary hearing. Here, although the parties' PSA provides that neither would be designated as parent of primary residence in the provisions relating to "Custody and Visitation," the provision governing "Child Support" expressly states that "[c]hild support shall be based upon the Child Support Guidelines attached hereto." Defendant does not dispute that those attached Guidelines, which were prepared by her counsel, designated plaintiff as the parent of primary residence because of his anticipated greater number of overnights. The appellate panel affirms Judge Miller’s determination that plaintiff should continue to be designated as the parent of primary residence for the purpose of calculating child support, and that no evidentiary hearing was necessary. In addition to plaintiff having the greater number of overnights, the judge noted that the child resides with plaintiff while attending school.
