JACQALENE NOVAK VS. KENNETH J. NOVAK(FM-10-106-06, HUNTERDON COUNTY AND STATEWIDE), A-4416-15T2

Kenneth and Jacqalene Novak divorced in 2006; they have two children (born 1996 and 1999).
A 2011 consent order required Kenneth to pay 60% and Jacqalene 40% of the children’s tuition and school expenses beginning with the 2011–2012 year.
Kenneth repeatedly moved to terminate or reduce his obligation to pay 60% of the eldest child J.N.’s college expenses, asserting changed financial circumstances.
Judge Julie M. Marino denied multiple motions, finding Kenneth’s submitted financial records incomplete, unreliable, or subject to IRS audit and therefore insufficient to show a substantial, ongoing change in circumstances.
On April 29, 2016 the Family Part denied Kenneth’s latest motion; Kenneth appealed, arguing he met the threshold showing for modification.
The Appellate Division affirmed, concluding the record supported the Family Part’s finding that Kenneth failed to provide accurate, complete, and current financial information showing a change warranting modification.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether defendant proved a change in financial circumstances warranting modification of his obligation to pay 60% of J.N.’s college expenses	Novak (plaintiff) argued defendant failed to present reliable evidence of changed circumstances and that prior consent order should be enforced	Novak (defendant) argued he made a threshold showing of changed financial circumstances sufficient to modify the consent order	Court held defendant did not present accurate, complete, or reliable financial evidence (some returns were under IRS audit) and failed to show a substantial, ongoing change; motion denied and order affirmed

Landers v. Landers, 444 N.J. Super. 315 (App. Div. 2016) (appellate deference to Family Part factual findings supported by credible evidence)
Gnall v. Gnall, 222 N.J. 414 (2015) (standard for reviewing factual findings)
Rova Farms Resort, Inc. v. Investors Ins. Co. of Am., 65 N.J. 474 (1974) (review standard when findings lack credible support)
Lepis v. Lepis, 83 N.J. 139 (1980) (changed circumstances standard for modifying support)
Dorfman v. Dorfman, 315 N.J. Super. 511 (App. Div. 1998) (prima facie showing required before discovery of full financials)
Foust v. Glaser, 340 N.J. Super. 312 (App. Div. 2001) (changed circumstances test for parental support modification)
D'Agostino v. Maldonado, 216 N.J. 168 (2013) (de novo review for legal conclusions)
Tancredi v. Tancredi, 101 N.J. Super. 259 (App. Div. 1968) (plenary hearing may be required when material facts are disputed)