Holst-Knudsen v. Mikisch
39 A.3d 222
| N.J. Super. Ct. App. Div. | 2012Background
- Married in 2000; daughter born in 2005; divorce finalized December 2008.
- Marital settlement agreement set joint legal custody, primary residential parent, detailed parenting schedule, and child support schedule deviating from guidelines.
- Mikisch relocated to South Carolina and later California; Holst-Knudsen largely funded travel and parenting expenses; Mikisch stopped paying child support in 2009.
- Holst-Knudsen moved to enforce support, seek wage garnishment, modify parenting schedule, and change child's surname to Mikisch Holst-Knudsen; Mikisch cross-moved to reduce support.
- Trial court partially granted Holst-Knudsen’s motions (reduced summer parenting time, reporting requirements) and denied surname change; awarded attorney’s fees to Holst-Knudsen.
- Court remanded on surname change and child-support findings due to insufficient factual findings and misapplication of controlling law.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the surname change should be granted under Gubernat and Ronan | Holst-Knudsen: presumption favors custodial parent's choice; seeks surname change. | Mikisch: no good cause shown and no mutual agreement; surname change not warranted. | Reversed and remanded for reapplication of Gubernat/Ronan standards. |
| Whether the trial court erred by denying the surname change without adequate fact-finding | Court failed to apply controlling law and lacked sufficient findings on best interests. | Not explicitly stated; dispute presumed against change based on record. | Remanded to make explicit findings under Gubernat and Ronan. |
| Whether the court properly addressed child-support arrears and modification criteria | Enforcement and adjustment based on actual income and adherence to agreement. | Cross-motion to reduce support supported by changed circumstances and income history. | Remanded for sufficient, lawfully grounded findings. |
Key Cases Cited
- Gubernat v. Deremer, 140 N.J. 120 (1995) (strong presumption in favor of custodial parent's surname choice; burden on non-custodial parent)
- Ronan v. Adely, 182 N.J. 103 (2004) (affirmed presumption for primary caretaker's surname; burden on other parent to rebut)
- Emma v. Evans, 424 N.J. Super. 36 (2012) (presumption not necessarily controlling in all contexts; discussed equal footing with negotiated agreements)
- Staradumsky v. Romanowski, 300 N.J. Super. 618 (App. Div. 1997) (applies Gubernat presumption to custodial parent’s choice)
- J.S. v. D.M., 285 N.J. Super. 498 (App. Div. 1995) (applies presumption framework to surname-change disputes)