Berenice Rua v. Luis Rua
A-1911-23
| N.J. Super. Ct. App. Div. | May 19, 2025Background
- Plaintiff Berenice Rua and defendant Luis Rua divorced in 2015, with a marital settlement agreement (MSA) governing issues of child support, emancipation, and pension division.
- The parties have three children; issues arose regarding child custody, emancipation, and child support after their oldest, Darren, moved to live with defendant in Florida post-high school.
- Competing post-judgment motions concerned whether Darren was emancipated, child support obligations for all three children, enforcement of pension division, and unpaid attorneys’ fees.
- Several orders (September 1, 2023, October 6, 2023, and February 21, 2024) were entered regarding these disputes; plaintiff appealed.
- The appeal focused on emancipation of the oldest child, the retroactive modification of child support, pension enforcement, prior order enforcement, and attorneys’ fees.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Emancipation of Darren & support obligation | Darren was emancipated after high school; no support owed | Darren intended to enroll in trade school; not emancipated | Reversed; factual dispute required plenary hearing; support order vacated |
| Retroactivity of child support modification | Challenged date for retroactive effect | Sought retroactivity to April 2022 | Reversed; new child support order to be retroactive to July 24, 2022 |
| Enforcement of military pension division | Defendant non-compliant; requests enforcement & sanctions | Did not timely obtain evaluation but plaintiff failed to update QDRO | Affirmed denial; both parties' noncompliance barred requested relief |
| Attorneys’ fees | Sought attorneys’ fees for enforcement | Opposed | Reversed; court failed to analyze MSA’s fee-shifting provision |
Key Cases Cited
- Cesare v. Cesare, 154 N.J. 394 (N.J. 1998) (sets deferential review for Family Part factual findings)
- Quinn v. Quinn, 225 N.J. 34 (N.J. 2016) (guides contract interpretation in matrimonial settlement agreements)
- Ricci v. Ricci, 448 N.J. Super. 546 (App. Div. 2017) (emancipation requires plenary hearing if facts are disputed)
- Dolce v. Dolce, 383 N.J. Super. 11 (App. Div. 2006) (post-majority support enforceable if fair and equitable)
- Strahan v. Strahan, 402 N.J. Super. 298 (App. Div. 2008) (abuse of discretion if court disregards MSA fee provision)