DAVID & PATTI LANG v. ANTHONY LEVIS

 

NOT FOR PUBLICATION WITHOUT THE

APPROVAL OF THE APPELLATE DIVISION

SUPERIOR COURT OF NEW JERSEY

APPELLATE DIVISION

DOCKET NO. A-0041-05T30041-05T3

DAVID & PATTI LANG,

Plaintiffs-Respondents,

v.

ANTHONY LEVIS,

Defendant-Appellant,

and

JENNIFER RAE HOWLEY,

Defendant.

_____________________________

 

Argued May 2, 2006 - Decided July 24, 2006

Before Judges Collester and S.L. Reisner.

On appeal from Superior Court of New Jersey,

Chancery Division, Family Part, Somerset

County, FD-18-12-05.

Angela F. Fiore argued the cause for appellant

(Frank E. Tournour, attorney; Ms. Fiore and

Mr. Tournour, on the brief).

Amy Wechsler argued the cause for respondents

(Copeland, Shimalla & Wechsler, attorneys;

Ms. Wechsler, on the brief).

PER CURIAM

Defendant Anthony Levis, the natural father of Cameron Levis, born December 29, 1991, appeals from the July 20, 2005, order of Judge Ann R. Bartlett denying his motion for a reduction in child support and granting the application of plaintiffs, maternal grandparents David and Patti Lang, for modification of the visitation schedule to provide Anthony visitation with his son every third weekend rather than every other weekend. We affirm.

Cameron is the only child of Anthony and Jennifer, who never married and have lived apart for over ten years. Cameron lives with his maternal grandparents pursuant to a September 20, 2004, order awarding the grandparents residential custody and the grandparents share his legal custody with Cameron's mother, Jennifer Howley. The consent order also provided parenting time for Jennifer with Cameron every other weekend, subject to Cameron's wishes and schedule, and for Anthony to have parenting time on the other weekends.

In February 2003, an order was entered establishing Anthony's child support at $132 per week. He sought modification, claiming gross income of only $14,880 per year as an independent contractor limousine driver. Judge Bartlett noted that Anthony's case information statement indicated expenses of over $81,000 per year, almost six times the amount of his disclosed gross income. She found that there was no substantial reduction in defendant's certified gross income from the date the last child support order was entered in March 2004 and therefore held that Anthony had not made a showing of changed circumstances warranting a reduction. We agree. See Lepis v. Lepis, 83 N.J. 139 (1980).

With respect to the application for modification of visitation, Judge Bartlett interviewed the child and stated for the record that Cameron sought the modification in order to spend more weekend time with his grandparents and his friends. Our review of the record leads us to concur with Judge Bartlett that the modification of visitation parenting time was in the best interest of Cameron. See Todd v. Sheridan, 268 N.J. Super. 387 (App. Div. 1993).

Anthony's arguments on appeal are without sufficient merit to warrant discussion in a written opinion. R. 2:11-3(e)(E). We affirm for the reasons set forth in Judge Bartlett's order of July 20, 2005.

Affirmed.

 

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A-0041-05T3

July 24, 2006