Koelble v. Koelble

• Citation: 618 A.2d 377,261 N.J.Super. 190
• Parties: Carol KOELBLE, Plaintiff-Respondent, v. John Joseph KOELBLE, Defendant-Appellant.
• Decision Date: 28 December 1992
• Court: New Jersey Superior Court – Appellate Division

Page 190

261 N.J.Super. 190

618 A.2d 377

Carol KOELBLE, Plaintiff-Respondent, v. John Joseph KOELBLE, Defendant-Appellant.

Superior Court of New Jersey Appellate Division.

Submitted Dec. 1, 1992.

Decided Dec. 28, 1992.

Postizzi & Sayer, Clark, for defendant-appellant (Jeri Sayer, on the brief).

No brief was submitted on behalf of plaintiff-respondent.

Before Judges MICHELS, BILDER and BAIME.

The opinion of the court was delivered by

BAIME, J.A.D.

At issue in this appeal is whether a noncustodial parent who receives alimony from the custodial parent may be ordered to pay child support. We hold that the child support guidelines may be applied to determine the obligation of the noncustodial parent, but alimony received from the custodial parent may not be considered in determining his or her contribution.

The facts are not in dispute. After 29 years of marriage, the parties were divorced in 1982. Plaintiff was awarded custody of the parties' nine year old daughter, Kristina. A property settlement agreement incorporated into the divorce judgment provided that defendant was to pay weekly child support in the amount of $100. In addition, defendant was to pay alimony in the sum of $150 per week. The agreement provided, however, that after Kristina's emancipation, defendant's alimony obligation was to be reduced by a sum equal to 40% of the amount earned by plaintiff in excess of $10,400 a year.

As Kristina matured, she expressed the desire to move into defendant's home. When she became 18, Kristina graduated from high school and enrolled in college on a full-time basis. The parties mutually agreed that she would reside with defendant. On July 31, 1991, defendant filed a motion in the Family Part, requesting a change in the custody order. Defendant also sought child support and a reduction of his alimony obligation. Plaintiff interposed no objection to the proposed modification of custody, but opposed the remainder of defendant's application. Updated case information statements indicated that plaintiff's gross income exclusive of alimony was $531 per week and that her net available income was $406. Defendant's weekly gross income was $1,407 and his net available income was $733.13.

The Family Part judge granted the change in custody and terminated defendant's child support obligation. However, the judge denied defendant's application for child support and a reduction of alimony. Although the judge's oral opinion is not altogether clear, he apparently considered it inconsistent to direct a noncustodial parent who receives alimony to pay child support. We disagree and reverse.

We see nothing antithetical in requiring a noncustodial parent who receives alimony from the custodial parent to bear her fair share of the parties' obligation to support their child. In reaching this conclusion, we recognize that the termination of a marriage involves an "economic mosaic" comprised of equitable distribution, alimony and child support and that these financial components interface. Sheridan v. Sheridan, 247 N.J.Super. 552, 569, 589 A.2d 1067 (Ch.Div.1990). Nevertheless, each award has a distinct purpose and is based on different policy considerations. The purpose of alimony is to provide the dependent spouse with a level of support and standard of living generally commensurate with the quality of economic life that existed during the marriage. Innes v. Innes, 117 N.J. 496 503, 569 A.2d 770 (1990); Mahoney v. Mahoney, 91 N.J. 488, 501-02, 453 A.2d 527 (1982); Lepis v. Lepis, 83 N.J. 139, 150, 416 A.2d 45 (1980); N.J.S.A. 2A:34-23. The objective of alimony is the continuation of the standard of living enjoyed by the parties prior to their separation. Innes v. Innes, 117 N.J. at 503, 569 A.2d 770; Mahoney v. Mahoney, 91 N.J. at 502, 453 A.2d 527; Khalaf v. Khalaf, 58 N.J. 63, 69, 275 A.2d 132 (1971). The supporting spouse's obligation is set at a level that will maintain that standard. Innes v. Innes, 117 N.J. at 503, 569 A.2d 770. In contrast, children are entitled to have their needs accord with the current standard of living of both parents, which may reflect an increase in parental good fortune. Zazzo v. Zazzo, 245 N.J.Super. 124, 130, 584 A.2d 281 (App.Div.1990), certif. denied, 126 N.J. 321, 598 A.2d 881 (1991). In other words, children are entitled to share the benefits accruing to a successful parent. Walton v. Visgil, 248 N.J.Super. 642, 646, 591 A.2d 1018 (App.Div.1991); Dunne v. Dunne, 209 N.J.Super. 559, 567, 508 A.2d 273 (App.Div.1986); cf. Weitzman v. Weitzman, 228 N.J.Super. 346, 549 A.2d 888 (App.Div.1988), certif. denied, 114 N.J. 505, 555 A.2d 623 (1989). "There is no divorce between parent and child." Zazzo v. Zazzo, 245 N.J.Super. at 130, 584 A.2d 281.

The distinction between alimony and child support is made manifest in our statutes and court rules. The Legislature has dictated that certain factors must be considered in setting support. These factors reinforce the differences between alimony and child support in cases not covered by court rule. N.J.S.A. 2A:34-23 provides:

a. In determining the amount to be paid by parent for support of the child and the period during which the duty of support is owed, the court in those cases not governed by court rule shall consider, but not be limited to, the following factors:

(1) Needs of the child;

(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, including educational, background, training, employment skills, work experience, custodial responsibility for children including the cost of providing child care and the length of time and cost of each parent to obtain training or experience for appropriate employment;

(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.

These child support factors are to be contrasted to those in N.J.S.A. 2A:34-23b respecting alimony.

Unlike alimony, our Supreme Court has adopted specific guidelines to assist judges in determining a parent's child support obligation. R. 5:6A. These guidelines are to be applied with respect to the initial determination of child support and to motions for modification. Zazzo v. Zazzo, 245 N.J.Super. at 129, 584 A.2d 281; Chobot v. Chobot, 224 N.J.Super. 648, 654, 541 A.2d 251 (App.Div.1988). The guidelines may be modified or disregarded only where good cause is shown. R. 5:6A.

The critical premise upon which the guidelines are predicated is that "both parents ... have a shared obligation to support their child(ren)." Pressler, Current N.J. Rules, Comment 1 to R. 5:6A (1993). Wholly apart from the guidelines, our courts have held that child support is a continuous duty of both parents. See Grotsky v. Grotsky, 58 N.J. 354, 356, 277 A.2d 535 (1971); Ionno v. Ionno, 148 N.J.Super. 259, 261-62, 372 A.2d 624 (App.Div.1977); Cohen v. Cohen, 6 N.J.Super. 26, 30, 69 A.2d 752 (App.Div.1949); Sakovits v. Sakovits, 178 N.J.Super. 623, 627, 429 A.2d 1091 (Ch.Div.1981); Parivash v. Yousef, 89 N.J.Super. 133, 137, 214 A.2d 314 (Ch.Div.1965), mod. on other grounds, 94 N.J.Super. 403, 228 A.2d 698 (App.Div.1967); Pieretti v. Pieretti, 13 N.J.Misc. 98, 104, 176 A. 589 (Ch.1935); see also N.J.S.A. 9:2-4. This principle has deep roots in our jurisprudence, and has been characterized as one emanating from the "natural law." 1 W. Blackstone, Commentaries 447; see also Grotsky v. Grotsky, 58 N.J. at 356, 277 A.2d 535. The guidelines seek to implement this principle by determining the total amount of the child support obligation and then "divid[ing] this sum proportionately between the parents based upon the contribution to the family income." Appendix IX-A, "Considerations in the Use of Child Support Guidelines." The assumption is that "the custodial parent is spending his or her calculated share directly on the child." Ibid. For the noncustodial parent, "the calculated share establishes the amount of the child support order." Ibid.

The guidelines clearly contemplate that a noncustodial parent who receives alimony may be required to bear his or her fair share of the child support obligation. That this is so is best evidenced by the fact that, while spousal support "from other relationships" is to be included in gross income, Appendix IX-E, "Use of the Child Support Guidelines," B(1)(8), alimony is to be excluded if it is being received from the supporting spouse, id., B(3)(b). The underlying thesis is that the dependent spouse may have sources of income other than alimony derived from the supporting spouse that bear upon his or her ability to contribute to the financial needs of the parties' children. In many cases, this assumption comports with every day realities. Common experience indicates that many divorced people who receive alimony are nevertheless able to work and contribute to their own support.

We recognize that the supporting spouse retains the obligation to maintain the dependent spouse in the same standard of living he or she enjoyed prior to the divorce notwithstanding a change in custody arrangements. However, at least theoretically, the needs of the dependent spouse may be reduced when he or she surrenders custody of the parties' children. It bears repeating that the guidelines assume "the custodial parent is spending his or her calculated share directly on the child."...