SANNA TONNESEN v. WARREN COUNTY DIVISION OF TEMPORARY ASSISTANCE AND SOCIAL SERVICES, f/b/o EDWARD BELCHER

 

NOT FOR PUBLICATION WITHOUT THE

APPROVAL OF THE APPELLATE DIVISION

SUPERIOR COURT OF NEW JERSEY

APPELLATE DIVISION

DOCKET NO. A-2776-04T32776-04T3

SANNA TONNESEN,

Plaintiff-Appellant,

v.

WARREN COUNTY DIVISION OF TEMPORARY

ASSISTANCE AND SOCIAL SERVICES,

f/b/o EDWARD BELCHER,

Defendant-Respondent.

_______________________________________________________________

 

Submitted October 19, 2005 - Decided February 8, 2006

Before Judges Parker and Grall.

On appeal from the Superior Court of New

Jersey, Chancery Division, Family Part,

Warren County, FM-21-26-04.

Einhorn, Harris, Ascher, Barbarito, Frost

& Ironson, attorneys for appellant (Bonnie C.

Frost, on the brief).

Respondent did not file a brief.

PER CURIAM

In this post-judgment child support matter, plaintiff appeals from an order entered on December 28, 2004 addressing her obligation to reimburse defendant Warren County Division of Temporary Assistance and Social Services (TASS) for child support paid to her former husband Edward Belcher for two of the parties' three children who had been living with him since March 11, 2004.

Belcher had accumulated $39,000 in arrears by February 2004 when he claimed he was disabled and unable to work after the judge ordered him to sell his Jeep to pay the child support arrears. Belcher then applied for and was granted welfare and Medicaid on his own and on the children's behalf. Although claiming to be disabled, he was apparently working as a snow plow operator.

In her statement of reasons appended to the December 28, 2004 order, the trial judge set forth the long history of Belcher's failure to pay child support and plaintiff's efforts to enforce the multitude of orders entered since the divorce. The trial judge determined that although it was unfair, she had no alternative but to order plaintiff to reimburse TASS.

In this appeal, plaintiff argues that equity demands Belcher pay TASS for the child support money paid to him. After a plenary hearing, the judge reluctantly ordered plaintiff to pay $53 per week to TASS until Belcher stops receiving support from TASS for the children in his care. The judge allowed any child support owed to Belcher directly by plaintiff to be credited against the very substantial arrears he owes to her and also ordered Belcher to pay plaintiff $101 per week in child support.

We are as disturbed as the trial judge about the outcome here. The trial judge was correct in her determination, however unjust it appears to be. N.J.S.A. 44:10-49; Burns v. Edwards, 367 N.J. Super. 29, 40 (App. Div. 2004). Nevertheless, there is sufficient evidence in the record before us to suggest that Belcher may have been employed "off the books" as a snow plow operator while he was collecting TASS benefits to warrant our staying the order entered on December 28, 2004 and directing TASS to undertake an investigation to determine whether, in fact, Belcher committed welfare fraud by claiming to be disabled and collecting benefits while he was employed.

 
The order of December 28, 2004 is affirmed but stayed pending the TASS investigation. Depending upon the outcome of the investigation, plaintiff may apply for relief from the December 28, 2004 order if warranted. We do not retain jurisdiction.

(continued)

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A-2776-04T3

February 8, 2006