Black v. Walker

• Decision Date: 25 November 1996
• Citation: 295 N.J.Super. 244,684 A.2d 1011
• Parties: Rose BLACK, 1 Plaintiff-Respondent, v. Joseph WALKER and Joan Walker, Executrix of the Estate of Joseph Walker, Defendant-Appellant.
• Court: New Jersey Superior Court — Appellate Division

Page 244

295 N.J.Super. 244

684 A.2d 1011

Rose BLACK, ¹ Plaintiff-Respondent, v. Joseph WALKER and Joan Walker, Executrix of the Estate of Joseph Walker, Defendant-Appellant.

Superior Court of New Jersey Appellate Division.

Submitted Oct. 9, 1996.

Decided Nov. 25, 1996.

Mezey & Mezey, Princeton, for respondent (Frederick C. Mezey, on the brief).

Before Judges KING, KEEFE and LOFTUS.

The opinion of the court was delivered by

KING, P.J.A.D.

The trial judge applied New Jersey law in deciding that a New York father had a duty to pay college education support for his child who lived her entire life in New Jersey with her mother. On this appeal the estate of Joseph Walker, through his executrix, Joan Walker, raises seven claims of error to the orders entered in the Family Part relating to the duty of educational support to Hazel Craig, his daughter. These points are:

POINT I--NEW YORK LAW SHOULD HAVE BEEN APPLIED TO DETERMINE THE EXTENT OF DEFENDANT'S SUPPORT OBLIGATIONS.

POINT II--THE ESTATE'S SUPPORT OBLIGATIONS DID NOT SURVIVE THE DEATH OF JOSEPH WALKER.

POINT III--NEITHER WALKER NOR HIS ESTATE ARE OBLIGATED TO PAY HAZEL'S COLLEGE EXPENSES.

POINT IV--PLAINTIFF FAILED TO DEMONSTRATE THAT HAZEL'S ACCEPTANCE TO THE SYRACUSE COLLEGE WAS REASONABLE BASED UPON THE NEWBURGH STANDARDS; THE OBLIGATION OF JOSEPH WALKER OR HIS ESTATE TO CONTRIBUTE TO HAZEL'S COLLEGE EDUCATION SHOULD HAVE BEEN LIMITED TO THE TUITION SHE WOULD HAVE HAD TO PAY AT A NEW JERSEY STATE COLLEGE.

POINT V--A CHILD IS ONLY ENTITLED TO THE REASONABLE COSTS OF A COLLEGE EDUCATION.

POINT VI--THE FAMILY COURT WAS NOT BOUND BY HAZEL'S OR HER PARENT'S CHOICE OF COLLEGES.

POINT VII--THE AWARD OF ATTORNEY'S FEES WAS IMPROPER.

We affirm the decision. In ruling on the father's duty to provide for his daughter's college education, the judge correctly applied New Jersey law. Except for a few weeks, the child lived her entire life in New Jersey. This State's interest was sufficiently dominant in the circumstances to warrant the application of New Jersey law.

I.

In 1975 plaintiff Rose Black (Black) and the now-deceased Dr. Joseph Walker (Walker), were both employed at Mt. Sinai Hospital in Manhattan when they met. Walker was a fellow (an M.D. who had finished residency and was still in advanced training) and Black was a senior nurse. On January 9, 1976 a child named Hazel Craig (Hazel) was born to Black in Manhattan. At that time, Black was a resident of Manhattan. She moved to New Jersey when Hazel was one or two months of age. Walker was then married to a woman other than Black. Although Walker was not present when Hazel was born, he and Black continued to see each other until Hazel was 12 months of age (Walker's account) or 18 months of age (Blacks' account). Walker and Black apparently lived together for an unspecified but brief period in Carteret, Middlesex County, New Jersey.

Black and Hazel remained New Jersey residents from the time Hazel was an infant. Walker was always employed in New York and was always a resident of New York. As the Family Part judge found, Black and Walker "mutually ignored" the issue of visitation: Black did not offer to arrange for Walker to see Hazel, and Walker did not ask her to make such arrangements.

In 1977 Black and Walker executed an agreement with respect to Hazel's support and maintenance. The agreement was drafted and signed in New York State with the assistance of counsel, whom Black retained at the recommendation of Walker. Walker paid for the attorney; Black could not afford to contribute. The 1977 agreement provided:

a. Black was to have sole custody and control over Hazel;

b. Walker was to pay $300 per month, amount to be renegotiated in September 1978;

c. Walker's support obligation was to terminate upon Hazel's death, marriage, emancipation or reaching the age of 18 years, whichever came first;

d. Walker was to pay the lawyer $750 to cover Black's fees;

e. The agreement was to end October 1, 1978;

f. Walker was to obtain a term life-insurance policy in the amount of $30,000, with Black as irrevocable beneficiary.

This 1977 agreement did not mention anything about an obligation to pay for Hazel's college expenses.

In September 1978 Walker and Black executed a second agreement in New York State providing for Hazel's support and maintenance. This second agreement simply extended the 1977 agreement for one year. On May 23, 1980 the parties executed a third agreement in New York State increasing Walker's support obligation to $345 per month. He continued paying that amount through 1992. Neither the second nor third agreements mentioned Hazel's college expenses. Black acknowledged she had read and understood the agreements before signing them. Sometime in 1992 Black asked Walker to increase his monthly support payment but he refused, saying $345 was all he would ever give voluntarily.

In 1993 Walker, a board-certified gastroenterologist, made about $147,000 per year. He had two other children, ages 11 and 14, by his marriage to Joan Walker. At trial in 1994 he acknowledged $736,000 in assets against $32,600 liabilities. As of the date of Walker's death, July 10, 1994, those assets included over $600,000 in a Keogh account and about $35,000 in an IRA. The record discloses substantial life insurance benefits (at least $300,000) payable on Dr. Walker's death.

In August 1984 Black married Roy Black (Roy Black). The Black family, including Hazel Craig, lived in Morris County, New Jersey in a home which they owned. Black testified that her husband Roy, Hazel's stepfather, was Hazel's "father figure" and acted in the place of Walker. Roy Black is a driver for Federal Express with an annual income in 1993 of $39,000. The Blacks filed a joint tax return and claimed a dependent deduction for Hazel. They have no children other than Hazel.

In 1981 Black was diagnosed with narcolepsy and cataplexy. In 1986 she became concerned that her condition could cause her to endanger patients. She left nursing and went to work as a teacher's aide at a cerebral palsy center in Roosevelt Park. In 1991 Black ceased working because of her condition. In 1992 she was approved for Social Security disability. Her diagnosis was changed to a biochemical imbalance known as idiopathic hypersonular syndrome. At time of trial, Black's disability benefit was $887 monthly. Hazel had received an additional $443 monthly in disability benefits until she graduated from high school in June 1994.

Hazel graduated from high school ranking twenty-eighth in a class of 166, which placed her in the eighty-third percentile. She was also elected to the National Honor Society and participated in many school activities. Her score on the Scholastic Aptitude Test (SAT) was 970. When deciding where to apply for college, Hazel consulted her mother and stepfather but did not consult Walker, who had no interest in the matter. The Blacks told Hazel they would try to pay for the portion of her college costs not covered by aid and loans.

Hazel first applied, in November 1993, to Trenton State College (TSC) and William Paterson (Passaic County). Shortly after a judicial ruling on December 13, 1993 that held Walker responsible for Hazel's college costs, she applied to Syracuse University, a more expensive institution, her first choice of colleges. Six colleges accepted Hazel: William Paterson, St. John's (New York City), Seton Hall (Newark area), Northeastern (Boston), Hofstra (Long Island) and Syracuse University (New York State). Syracuse offered her admission to the College of Arts and Sciences, which accepts 75% of those who apply but did not accept her to its prized Newhouse School of Communications, which she apparently preferred. She hoped to do well in the college and transfer into the Newhouse School after her sophomore year. She was rejected by TSC, James Madison (Virginia), and the University of North Carolina.

For Hazel's first year in college, Syracuse offered her $2,600 in aid and $2,000 through a work-study project. Hazel agreed to work about ten hours a week in the work-study program. Subtracting this aid from Syracuse's then-total cost of about $24,000, Hazel needed another $19,400 to attend Syracuse. That sum included tuition, activities fees, room & board, supplies, and estimated personal and travel expenses.

Walker died unexpectedly on July 10, 1994 leaving as survivors his wife Joan and their two children. His will appointed his wife as executrix. Joan Walker works as a school teacher. Her income is not available in the record.

II.

On June 7, 1993 Black commenced a proceeding against Walker in the Superior Court, Chancery Division, Family Part. Black sought to compel Walker to: (1) extend child support payments; (2) contribute to Hazel's college expenses; (3) procure life insurance for Hazel's benefit, and (4) pay for certain past medical expenses.

On September 13, 1993 the judge granted Walker's motion to admit New York counsel pro hac vice. On February 16, 1994 the judge ordered Walker to continue paying $345 monthly directly to Black, reimburse Black $1,250 for Hazel's orthodontic expenses, and contribute to Hazel's future college expenses in an amount for future determination.

The Family Part judge conducted plenary hearings at Walker's request and rendered an oral opinion on the record on July 7, 1994. Black was to submit a written order for the judge's signature. Before that order was executed Walker died on July 10, 1994. The judge was so advised on July 11, 1994. Walker's attorney maintained the Family Part had no jurisdiction to execute an order until a representative was appointed for Walker's estate, pursuant to R. 4:34. The judge disagreed. On July 21, 1994 Black applied for counsel fees. Walker's attorney objected because the court lacked jurisdiction until Walker's estate was formalized. He also claimed that counsel fees could not be awarded in a summary proceeding. On August 4, 1994 the judge granted Black's ...