JAMES N. QUERRY v. MARY K. QUERRY
Annotate this CaseNOT 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-4771-16T1
JAMES N. QUERRY,
Plaintiff-Respondent,
v.
MARY K. QUERRY, n/k/a
MARY K. OLSEN,
Defendant-Appellant.
__________________________
Submitted September 25, 2018 – Decided November 19, 2018
Before Judges Rothstadt and Natali.
On appeal from Superior Court of New Jersey,
Chancery Division, Family Part, Hunterdon County,
Docket No. FM-10-0097-03.
Carter, Van Rensselaer & Caldwell, attorneys for
appellant (William J. Caldwell, on the briefs).
Patrick J. Mullaney, attorney for respondent.
PER CURIAM
In this post-judgment dissolution matter, defendant Mary K. Olsen,
formerly Mary K. Querry, appeals from the Family Part's May 11, 2017 order
denying her motion to emancipate her and plaintiff James N. Querry's eldest son
upon his graduation from high school and his alleged "enlistment" in the
Marines and to terminate her child support obligation for him. She also appeals
from its order granting plaintiff's motion to compel defendant to contribute
toward their younger son's post-secondary vocational school expenses and
rejecting defendant's support calculations.
On appeal, defendant argues that the motion judge erred by designating
February 14, 2016, as the date of emancipation for the oldest child, ignoring
clear proof that plaintiff's earlier change of circumstances applications were
fraudulent, determining that laches applied to defendant's entitlement to relief
from an earlier support order, and improperly assessing the Newburgh 1 factors
in determining that defendant must contribute towards the parties' younger
child's post-secondary vocational school expenses. She also contends that she
was entitled to credit against child support effective upon their older child's
graduation and her support obligation should have been limited to one child
1
Newburgh v. Arrigo, 88 N.J. 529, 545 (1982).
A-4771-16T1
2
without the teen supplement. Finally, defendant claims the judge erred in
awarding attorney's fees to plaintiff. For the reasons that follow, we affirm.
I.
The facts found by the motion judge after a plenary hearing are
summarized as follows. The parties were married on October 21, 1995 and
divorced in 2003. They have two sons, one born in 1995 and the other in 1998.
Their dual final judgment of divorce (JOD) incorporated the parties' February
26, 2003 Custody and Parenting Plan (CPP) that addressed custody and support
of their sons, who at the time of divorce were ages 7 and 4. Under the CPP, the
parties shared joint legal custody of the children and defendant was designated
as parent of primary residence for both children. The JOD required plaintiff to
pay $50 per week for child support both children. Neither the JOD nor the CPP
addressed the children's post-high school education expenses or emancipation.
After the divorce, the two boys lived with defendant until 2010 when the
older son moved in with plaintiff and 2013 when the younger son followed.
Apparently, the change in living arrangements was due to a conflict between the
boys and defendant's new husband. At the time the older son moved out from
defendant's home, the parties entered into a consent order terminating plaintiff's
obligation to pay support as it was their intention that each party support the
A-4771-16T1
3
child residing with them. When the younger son moved out, there was no change
in the support obligations. Although both children lived with plaintiff since
2013, defendant never paid any child support.
The older son graduated from high school in June 2014. Prior to his
graduation, he investigated the possibility of joining the Marines and anticipated
enlisting upon graduation, but that did not occur at that time. After graduation,
while still living with plaintiff, he worked at a part-time job while he continued
to pursue enlistment. He eventually understood that he would be "shipped out"
in February 2016. However, prior to that time, the older son sustained an injury
that prevented him from joining the service. Instead, for a while, he
contemplated attending college but ended up securing a new job at a higher rate
of pay and in July 2016, with his father's and grandparents' assistance, he moved
out of plaintiff's home and began living with his fiancé and their young children,
while still receiving help from plaintiff.
The younger son graduated high school in June 2016 and continued to live
with and receive support from plaintiff. He immediately enrolled in a vocational
school pursuing a career as a certified master mechanic. At the time of the
present dispute, he was also contemplating enlisting in the Navy. In addition to
attending school, he volunteered as a firefighter. In order to help fund his post-
A-4771-16T1
4
high school education, he obtained grants and loans, with plaintiff paying the
balance through loans. Defendant provided no support for him nor did she
contribute towards his education.
The parties' present dispute arose in April 2014 when plaintiff filed a
motion for child support. Defendant did not respond to the motion. A Family
Part judge granted the motion on July 7, 2014, without establishing a support
amount because the parties had not submitted necessary financial information.
The judge ordered the parties to submit that information so he could revaluate
child support. However, neither party submitted the information and no
recalculation of support occurred.
In 2015 plaintiff filed another motion for an order compelling defendant
to pay child support and contribute towards the children's college expenses.
Defendant filed a cross-motion seeking that any child support or college expense
payment be limited to the benefit of the younger child as, according to
defendant, the older son was emancipated. She also sought to limit any award
to be retroactive only to the filing date of the current motion.
On October 21, 2015, Judge Bradford M. Bury granted plaintiff's motion,
ordering defendant to pay $248 per week in child support for both children,
retroactive to July 14, 2014, on an interim basis pending defendant's submission
A-4771-16T1
5
of the "long overdue financial documents previously ordered on . . . July 7,
2014," which plaintiff had provided but defendant had still failed to submit. He
denied without prejudice plaintiff's motion to compel defendant to contribute to
the older son's college expenses because there were "insufficient proofs as to"
the boy's college expenses. He denied the application for the younger child's
college expenses because the claim was "unripe," and he denied without
prejudice defendant's motion to emancipate the older son as of December 15,
2013, because the boy was intending to attend college and there was no evidence
that he "moved beyond the sphere of influence of the parties and obtained an
independent status of his own."
On July 19, 2016, plaintiff filed another motion to compel defendant t o
contribute to the younger son's "continuing educational and training
expenses[,]" and to provide the outstanding financial information. In response,
defendant filed a cross motion to: 1) set aside the October 21, 2015 order; 2)
declare the older son emancipated; 3) terminate child support; 4) apply
retroactive credits for child support; 5) deny plaintiff's request for contribution
to the younger son's educational costs; and 6) award attorney fees.
On September 20, 2016, Judge Julie M. Marino denied defendant's motion
and ordered a plenary hearing "to determine the share of contribution" for [the
A-4771-16T1
6
younger son]'s continued education, "and whether [the older son] should be
deemed emancipated." The order also required defendant to "provide her
updated financial information[,]" and "reserved" her request for counsel fees.
Judge Marino conducted a plenary hearing over four nonconsecutive days
in early 2017.2 After considering the testimony and evidence adduced at the
hearing and the parties' written submissions and oral arguments, on May 11,
2017, Judge Marino issued an order denying defendant's motion supported by a
comprehensive twenty-two page written decision. In the order, Judge Marino
fixed February 14, 2016, as the older son's date of emancipation. She also
ordered defendant to contribute $14,740 toward the younger son's post-
secondary education costs. In addition, Judge Marino ordered defendant to pay
child support for the younger son in the amount of $221 per week and arrears
that accrued between July 7, 2014 and February 14, 2016 in the amount of $50
per week. Finally the judge required defendant to pay plaintiff's counsel fees in
the amount of $10,000.
In her written decision, Judge Marino set forth her detailed findings about
the children's custody, support, and post-high school graduation activities, as
2
At the hearing, in addition to the parties and their children, the parties' former
attorneys, who represented them in 2014, testified about service of the 2014
motion on defendant.
A-4771-16T1
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summarized above. In her analysis of the legal issues, Judge Marino first
addressed whether to terminate defendant's child support obligation
retroactively to July 7, 2014. The judge noted that following the 2010 consent
order, the parties agreed "that each would pay the costs for the child residing
with him/her." Moreover, she observed that between 2010 and November 2015,
both children moved out of defendant's home, and during this time, "[d]efendant
[] paid virtually no child support . . . ." The judge emphasized that defendant
had an opportunity to contest the July 2014 order that established her child
support obligation, but she failed to "take reasonable steps to address and oppose
it." According to the judge, "[i]t would be fundamentally unfair to [p]laintiff to
re-open these resolved issues[,]" and as such, Judge Marino denied defendant's
"request to retroactively terminate child support to July 7, 2014."
Next, Judge Marino addressed the issue of the older son's emancipation.
The judge found that he "became emancipated in or around February 14, 2016[]"
as it was "the date that [he] was set to ship out in the Marine Corps." The judge
noted that had his injury impacted his ability to be independent, then there would
be a different finding. However, she stated that after he recovered, he obtained
employment "earning $20 per hour and moved out of [plaintiff's] home." Judge
Marino determined that the "year and one half" that the older son took to figure
A-4771-16T1
8
out what he wanted to do post-high school was not "an unreasonable amount of
time," and importantly, during this time, he "was not able to support himself,"
although "he was taking appropriate steps to become emancipated."
With respect to the younger son's educational expenses, the judge noted
that defendant had the financial means 3 to "contribute to [her son]'s school
costs[,]" and that the parties' final JOD "is silent as to contribution of college
costs." Judge Marino applied the Newburgh factors to determine whether
defendant had an obligation to contribute towards her son's college expenses.
In applying the relevant factors the judge found the following:
(1) [T]hat if the [younger son was] still living with both
parties, they would have contributed to his post-
secondary education costs.
....
(2) [I]t was inherently reasonable for [the son] to
anticipate that he would obtain post-secondary
education.
....
(3) The cost of [the son]'s education at Lincoln Tech is
$38,000.
3
The amount of the contribution as determined by the Judge is not an issu e in
this appeal. Defendant concedes she has the ability to pay that amount. As
discussed below, the issue raised is whether defendant should be contributing at
all.
A-4771-16T1
9
....
(4) [T]hat [d]efendant does have the financial ability to
pay for these costs. Not only is [d]efendant able to
contribute $300 per month to her 403(b) and pay $390
per month for the RV, as well as $376 per month . . .
for a campsite, but . . . she recently discharged over
$60,000 worth of credit card debt in bankruptcy[.]
....
(5) [The younger son] desires to obtain his master
mechanic certification. Lincoln Tech offers this course
of study.
....
(6) Defendant has the financial ability to contribute to
[the son]'s education. . . . [and] by availing himself of
the parent plus loan option, [plaintiff] has been able to
contribute his share.
....
(7) [The younger son] appears firmly committed to his
studies.
....
(8) [The younger son] has no independent financial
resources.
....
(9) Currently[,][the son] is not employed. . . . Given
[his] limited time and significant demands of his
courses, the court sees no good reason to compel him
to take a minimum wage job, which pay will be
A-4771-16T1
10
insignificant as compared to the $22,000 balance owed
for his education.
....
(10) [The younger son] applied for and was awarded a
$5,000 Pell Grant and a student loan of $11,000.
....
(11) Defendant is the adult and parent in this
relationship and she bears the primary responsibility in
making whatever arrangements or efforts were/are
necessary to continue to parent her child and continue
to maintain a healthy relationship with him. Her
attempt to shift this burden to him, speaks volumes.
....
(12) [The younger son]'s goals of being a master
mechanic are fully supported by his current course of
study at Lincoln Tech.
Judge Marino concluded that defendant was obligated to contribute to the
younger son's "post-secondary education costs[.]"
Finally, the judge addressed counsel fees. She found that "an award of
[fees] to [p]laintiff [was] appropriate[,]" and that defendant's income,
"substantial assets[,]" and her unreasonable position during the litigation
warranted the award. Moreover, the judge noted that: 1) "[p]laintiff's parents
significantly supplement[ed] the parties' housing costs[;]" 2) defendant received
"employer sponsored tuition" benefits; 3) defendant failed to "discl ose that she
A-4771-16T1
11
had filed and been discharged in bankruptcy;" and 4) defendant has not paid any
child support for her children "between the years 2010 and [November] 2015."
Accordingly, the judge determined that defendant should pay plaintiff's counsel
fees "in the amount of $10,000[.]" This appeal followed.
II.
We begin by acknowledging the limited nature of our review of Family
Part determinations. We "accord particular deference to the Family Part because
of its 'special jurisdiction and expertise' in family matters." Harte v. Hand, 433 N.J. Super. 457, 461 (App. Div. 2013) (quoting Cesare v. Cesare, 154 N.J. 394,
412 (1998)). "We do 'not disturb the factual findings and legal conclusions of
the trial judge unless . . . convinced that they are so manifestly unsupported by
or inconsistent with the competent, relevant and reasonably credible evidence
as to offend the interests of justice.'" Gnall v. Gnall, 222 N.J. 414, 428 (2015)
(alterations in original) (quoting Cesare, 154 N.J. at 412). Therefore, "'[o]nly
when the trial [judge]'s conclusions are so "clearly mistaken" or "wide of the
mark"' should we interfere . . . .'" Ibid. (quoting N.J. Div. of Youth & Family
Servs. v. E.P., 196 N.J. 88, 104 (2008)). However, "all legal issues are reviewed
de novo." Ricci v. Ricci, 448 N.J. Super. 546, 565 (App. Div. 2017).
A-4771-16T1
12
III.
We turn first to defendant's challenge to Judge Marino's determination
about the older son's emancipation. Defendant initially argues that the judge
mistakenly relied upon the wrong date for the older son's enlistment in the
Marines. She contends that while Judge Marino relied upon February 14, 2016
as the boy's "ship out" date, it was actually supposed to be the same date in 2015.
Moreover, she contends his enlistment occurred immediately after his
graduation in June 2014, and pursuant to N.J.S.A. 2A:17-56.67,4 the older son
"was emancipated at the time of enlistment." Defendant also relies upon the
older son's employment in December 2014 and argues that "the latest
emancipation should have occurred would have been December 2014 when [her
son] became employed full-time at $12/hour."
Relying on Filippone v. Lee, 304 N.J. Super. 301, 308 (App. Div. 1997),
defendant argues that Judge Marino "did not explain . . . how [p]laintiff . . .
overcame the 'prima facie case for emancipation.'" To support this contention,
defendant asserts that after graduating high school, her son "was an employed
4
The statute which became effective in February 2017 addresses emancipation
and states in relevant part "[u]nless otherwise provided in a court order or
judgment, the obligation to pay child support shall terminate by operation of law
without order by the court on the date that a child . . . enters the military service
[or] reaches 19 years[,]" absent certain exceptions. N.J.S.A. 2A:17-56.67.
A-4771-16T1
13
single person, earning almost 65% of the $248 weekly child support award[,]"
and "[b]y December 2014, . . . [he] was earning almost 200% of the child
support award[, which was] roughly 50% [of] [p]laintiff’s annual income" For
that reason, even though the older son was living with plaintiff after graduation,
he "was clearly beyond the guidance and control of the [p]laintiff." We disagree.
Although there is a statutory presumption that a child reaches adulthood
at eighteen, see N.J.S.A. 9:17B-3, and absent a court order to the contrary, a
parent's obligation to support a child automatically ends at age nineteen, see
N.J.S.A. 2A:17-56.67, it remains beyond cavil in this State that "[i]n certain
situations, parents still have an economic duty to support children" beyond those
ages. Ricci, 448 N.J. Super. at 572 (quoting Llewelyn v. Shewchuk, 440 N.J.
Super. 207, 215 (App. Div. 2015)). The determination of whether an adult child
is emancipated is highly fact-sensitive. See Newburgh, 88 N.J. at 543.
In Ricci, we summarized a court's considerations when determining
whether a child is emancipated. We stated:
A determination of emancipation is a legal issue,
imposed when the fundamental dependent relationship
between parent and child ends. See Dolce v. Dolce, 383
N.J. Super. 11, 17 (App. Div. 2006) (stating
emancipation is "the conclusion of the fundamental
dependent relationship between parent and child"). It
is not automatic and "need not occur at any particular
age . . . ." Newburgh, 88 N.J. at 543. When
A-4771-16T1
14
circumstances surrounding the parent-child
relationship support a finding that the child is
emancipated, "the parent relinquishes the right to
custody and is relieved of the burden of support, and
the child is no longer entitled to support." Filippone,
304 N.J. Super. at 308.
....
"[T]he essential inquiry is whether the child has moved
'beyond the sphere of influence and responsibility
exercised by a parent and obtains an independent status
of his or her own.'" Filippone, 304 N.J. Super. at 308
(quoting Bishop v. Bishop, 287 N.J. Super. 593, 598
(Ch. Div. 1995)). A court's emancipation
"determination involves a critical evaluation of the
prevailing circumstances including the child's need,
interests, and independent resources, the family's
reasonable expectations, and the parties' financial
ability, among other things." Dolce, 383 N.J. Super. at
18 (citing Newburgh, 88 N.J. at 545).
[Ricci, 448 N.J. Super. at 571-73.]
Emancipation is also not triggered by the fact that a child is or is not living
with a parent. "'[P]arents are expected to support their children until they are
emancipated, regardless of whether the children live with one, both, or neither
parent.'" Colca v. Anson, 413 N.J. Super. 405, 414 (App. Div. 2010) (quoting
Burns v. Edwards, 367 N.J. Super. 29, 39 (App. Div. 2004)). "Not even the
absence of a meaningful relationship relieves the legally obliged parent from
providing support for a child's basic needs" until they are emancipated. L.V. v.
A-4771-16T1
15
R.S., 347 N.J. Super. 33, 41 (App. Div. 2002). Nor does a child's pursuit of a
career in the military, absent actual entry into active duty with the military or
enrollment in one of the service academies. See Bishop, 287 N.J. Super. at 604.
Likewise, "[an adult] child's decision to seriously pursue a college education
alone does not create the required dependency allowing him or her to be
unemancipated." Ricci, 448 N.J. Super. at 577-78. As we emphasized in Ricci,
"facts matter, and the judge must fully analyze all circumstances[.]" Id. at 578.
Applying these guiding principles here, we affirm Judge Marino's
determination regarding the older son's emancipation substantially for the
reason expressed in her thorough written decision. We are satisfied that Judge
Marino conducted the required fact-sensitive review of the parties' and their
older son's circumstances. We agree with her conclusion that the older son
remained unemancipated through February 2016, which was supported by
substantial, credible evidence in the record that established the older son
remained within the sphere of influence and responsibility exercised by his
parents and had not yet obtained an independent status of his own. Filippone,
304 N.J. Super. at 308.
A-4771-16T1
16
IV.
We turn next to defendant's contentions about the judge requiring
defendant to contribute towards her younger son's post-high school vocational
training. According to defendant, Judge Marino erred in her application of the
Newburgh factors. She contends that if the judge properly applied those factors
her younger son would have been obligated to pay for his own post-secondary
education expenses even though defendant has the ability to contribute to those
costs. Defendant states that her "lifetime efforts at self-financed educational
advancement" represents "the true family expectation about post high school
education[,]" and that her son should fund his education as "[n]o
parent . . . contributed a dime to her educational attainment." Defendant then
argues that, even if this court finds that she must contribute toward s her son’s
education, we should "take judicial notice (N.J.R.E. 201(b)) of the New Jersey
Department of Labor Statistic" and "impute 50% of six month's income as being
available in addition to the $100/week . . . to pay toward the $20,298" balance.
Defendant contends that "[t]he remaining credit [from the recalculation of the
child support] should be applied against the $221 child support calculated by the
[c]ourt[,]" which will end when her younger son completes "his training program
in December 2017."
A-4771-16T1
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We accord the Family Part "substantial discretion" in awarding college
contribution. Gotlib v. Gotlib, 399 N.J. Super. 295, 308 (App. Div. 2008). We
must accept the Family Part's determination concerning a parent's obligation to
contribute toward college tuition, provided the factual findings are supported by
substantial credible evidence in the record and the judge has not abused his or
her discretion. Cesare, 154 N.J. at 411-12; Avelino-Catabran v. Catabran, 445 N.J. Super. 574, 587 (App. Div. 2016).
Applying this deferential standard, we conclude that defendant's
arguments are without sufficient merit to warrant discussion in a written
opinion, R. 2:11-3(e)(1)(E), and affirm, again, substantially for the reasons
expressed by Judge Marino in her written decision. Suffice it to say that, as
found by the judge, defendant's contention that she paid her own way and
therefore her son should do the same, was belied by the record of plaintiff's
parents' support for both parties while defendant pursued her education and
career. We are satisfied that Judge Marino properly "balance[d] the statutory
criteria of N.J.S.A. 2A:34-23(a)[5] and the Newburgh factors, [see Newburgh, 88
5 N.J.S.A. 2A:34-23(a) requires the court to consider:
(1) Needs of the child;
A-4771-16T1
18 N.J. at 545,] as well as any other relevant circumstances, to reach a fair and just
decision" as to defendant's obligation to contribute towards the younger son's
post-secondary school expenses and correctly determined the "amount,
[defendant] must contribute to [her] child's educational expenses." Gac v. Gac,
186 N.J. 535, 543 (2006); see also Avelino-Catabran, 445 N.J. at 591 n.8.
V.
We similarly find no merit to defendant's contentions about Judge
Marino's calculation of defendant's child support obligation. Those contentions
(2) Standard of living and economic circumstances of
each parent;
(3) All sources of income and assets of each parent;
(4) Earning ability of each parent . . . ;
(5) Need and capacity of the child for education,
including higher education;
(6) Age and health of the child and each parent;
(7) Income, assets and earning ability of the child;
(8) Responsibility of the parents for the court-ordered
support of others;
(9) Reasonable debts and liabilities of each child and
parent; and
(10) Any other factors the court may deem relevant.
A-4771-16T1
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are based primarily on defendant's arguments about her older son's emancipation
that we have rejected, an allegation that the judge improperly considered
defendant not having paid support since 2010, and challenges to the judge's basis
for the determination of child support that were not raised before Judge Marino
that we will not consider for the first time on appeal. See Zaman v. Felton, 219 N.J. 199, 226-27 (2014) (citing State v. Robinson, 200 N.J. 1, 20 (2009) (quoting
Nieder v. Royal Indem. Ins. Co., 62 N.J. 229, 234 (1973))).
VI.
Last, we consider defendant's arguments about Judge Marino's award of
counsel fees. Defendant contends that the judge "erred in awarding attorney’s
fees to plaintiff" as "[t]here was no proof that [p]laintiff was in financial need[,]"
and "[p]laintiff’s bad faith litigation position was manifest." To support this
contention, defendant asserts that "[t]he record demonstrates that his parents
always . . . subsize[d] [p]laintiff’s lifestyle." Moreover, defendant states that
plaintiff "omitted material facts" from his certification for his "applications to
the [c]ourt in 2014 and 2015[,]" and "[h]e promoted a date of emancipation in
clear violation of statutory imperative."
We accord great deference to a trial judge's award of counsel fees in a
family matter. The award "is discretionary, and will not be reversed except upon
A-4771-16T1
20
a showing of an abuse of discretion." Barr v. Barr, 418 N.J. Super. 18, 46 (App.
Div. 2011). The decision to award counsel fees "rests in the discretion of the
trial court," Addesa v. Addesa, 392 N.J. Super. 58, 78 (App. Div. 2007), and
will be disturbed "only on the 'rarest occasion,' and then only because of clear
abuse of discretion." Strahan v. Strahan, 402 N.J. Super. 298, 317 (App. Div.
2008) (quoting Rendine v. Pantzer, 141 N.J. 292, 317 (1995)). In determining
whether s court exercised reasonable discretion, we consider whether the
"decision is 'made without a rational explanation, inexplicably departed from
established policies, or rested on an impermissible basis.'" Flagg v. Essex Cty.
Prosecutor, 171 N.J. 561, 571 (2002) (quoting Achacoso-Sanchez v.
Immigration & Naturalization Serv., 779 F.2d 1260, 1265 (7th Cir. 1985)).
N.J.S.A. 2A:34-23 provides: "The court may order one party to pay a
retainer on behalf of the other for expert and legal services when the respective
financial circumstances of the parties make the award reasonable and just." Rule
5:3-5(c) sets forth nine factors the court must consider in making an award of
counsel fees in a family action. Essentially,
in awarding counsel fees, the court must consider
whether the party requesting the fees is in financial
need; whether the party against whom the fees are
sought has the ability to pay; the good or bad faith of
either party in pursuing or defending the action; the
A-4771-16T1
21
nature and extent of the services rendered; and the
reasonableness of the fees.
[Mani v. Mani, 183 N.J. 70, 94-95 (2005) (emphasis
omitted).]
For purposes of awarding counsel fees, bad faith relates only to the party's
conduct during the litigation. Id. at 95. The purpose of an award of fees against
a "bad faith" litigant "is to protect the innocent party from unnecessary costs
. . . ." Yueh v. Yueh, 329 N.J. Super. 447, 461 (App. Div. 2000).
Here, Judge Marino considered the Rule 5:3-5(c) factors and concluded
that defendant had considerable income and assets, and determined that
defendant's opposition to contributing to her children's support, including post
secondary school expenses for their younger son, was without any basis. She
found that contrary to defendant's allegations about being self-made that
justified her not paying for those expenses, defendant did not achieve her
education and career without assistance. The judge found that defendant
received "employer sponsored tuition" benefits, financial assistance for housing
costs from plaintiff's parents, and the benefit of not paying child support since
2013. Under these circumstances, defendant did not establish any abuse of the
judge's discretion in her award of counsel fees to plaintiff.
A-4771-16T1
22
To the extent that we have not specifically addressed any of defendant's
remaining arguments, we conclude that they are without sufficient merit to
warrant discussion in a written opinion. R. 2:11-3(e)(1)(E).
Affirmed.
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