JANINE CLAPPER VS. GREGORY CLAPPER (FM-15-1104-10, OCEAN COUNTY AND STATEWIDE), A-1476-15T2

Parties divorced in 2011; PSA set child support ($232/week) and detailed when support terminates and parents' joint obligation to contribute to post–high school education.
Son J.C. (born Sept. 1994) completed a technical program after high school and participated in additional pit-crew training and internships; parties dispute timing and extent of his post–high school education and work.
In April 2015 Gregory (defendant) moved to declare J.C. emancipated retroactive to Feb. 2013, terminate child support, and obtain reimbursement; Janine (plaintiff) cross-moved for contribution to J.C.’s post–high school expenses under PSA article 6.1.
Parties submitted conflicting certifications about when J.C. completed programs, his current student status, earnings, and who paid expenses; documentary support was limited but included school billing, loan statements, and rent payments.
Family Part denied emancipation and termination without prejudice, ordered prospective contributions from July 14, 2015, and declined retroactive contribution requests; judge made no plenary hearing or Newburgh-factor analysis.
Appellate court reversed and remanded for an evidentiary hearing, finding material factual disputes and inadequate consideration of Newburgh/Gac factors and the parties’ financial circumstances.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether J.C. was emancipated and child support should terminate retroactively	J.C. remains a student in post–high-school training and not emancipated	J.C. completed training in Feb 2013, was employed full-time, and is emancipated	Trial court erred by resolving conflicting affidavits without a plenary hearing; remanded for evidentiary hearing
Whether defendant must contribute to J.C.’s post–high-school education under PSA	Janine sought contribution per PSA and Newburgh factors; expenses and need shown by bills/loans	Gregory contested obligation and cited inability to pay; denied prior consultation	Court failed to apply Newburgh/Gac factors or determine ability to pay; remanded for full factual inquiry
Whether contribution can be ordered retroactively	Janine argued past contributions required; presented some expense records	Gregory argued no prior notice/consultation and claimed indigence	Trial court improperly denied retroactivity without full factfinding; remand required to evaluate notice and equities
Whether the Family Part applied correct legal standard (Newburgh/Gac)	PSA and caselaw require Newburgh/Gac analysis before ordering contribution	Gregory contended court ignored criteria but asked for emancipation instead	Appellate court held trial court did not analyze Newburgh/Gac factors and must do so at an evidentiary hearing

Newburgh v. Arrigo, 88 N.J. 529 (1982) (lists non‑exhaustive factors for parental contribution to higher education)
Gac v. Gac, 186 N.J. 535 (2006) (requires balancing Newburgh factors with statutory criteria and timely pre‑expense application)
Filippone v. Lee, 304 N.J. Super. 301 (App. Div. 1997) (explains emancipation burden shifting after majority and fact‑sensitive inquiry)
Conforti v. Guliadis, 128 N.J. 318 (1992) (plenary hearing required when resolving disputed material facts on conflicting affidavits)
Cesare v. Cesare, 154 N.J. 394 (1998) (deference to Family Part factual findings after evidentiary hearing)