KAREN RASMUSSEN VS. ROBERT W. RASMUSSEN (FM-02-1134-05, BERGEN COUNTY AND STATEWIDE) (CONSOLIDATED), A-1417-19/A-3369-19

Background

Parties divorced in 2005; their property settlement agreement (PSA) required both parents to "equally share" uninsured medical expenses and to contribute to post‑secondary education; defendant had earlier "voluntarily relinquished his parenting time rights."
April 27, 2011 consent order (entered while defendant was in bankruptcy years earlier) fixed defendant’s share of medical costs at 30%.
February 22, 2019 Family Part order: court found the daughter was not emancipated, un‑emancipated her until age 23, required the daughter to sign a FERPA release each semester so defendant could access college records, and ordered defendant to pay 30% of college costs and 30% of unreimbursed medical expenses.
Dispute over compliance: plaintiff certified she provided a FERPA form (spring 2019) and mailed medical invoices (April 13, 2019); defendant said he could not access school records for fall 2019, disputed receipt of mail, and alleged the FERPA for fall 2019 was not filed.
November 14, 2019: trial court denied defendant’s post‑judgment motion and ordered reimbursement of medical and college expenses (including fall 2019). January 14, 2020: plaintiff moved to enforce and seek spring 2020 semester costs. Defendant filed Chapter 13 on January 20, 2020.
March 16, 2020: Family Part ordered defendant to pay $18,664.21 for disputed medical and college expenses (including spring 2020). On appeal, the Appellate Division affirmed most of the November 14 order but vacated it as to fall 2019 college costs and vacated the March 16, 2020 order as entered in violation of the bankruptcy automatic stay.

Issues

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether defendant was denied due process because the court failed to consider his opposition/reply	Rasmussen: court read and considered the papers; no due process violation	Robert Rasmussen: court ignored his opposition and reply, depriving him of process	Court: no due process violation; record shows papers were before the court and the court stated it "read the papers presented."
Whether the Feb. 22, 2019 order should be vacated or amended (Rule 4:50‑1)	Plaintiff: order was consent/merits‑based and enforceable; no Rule 4:50‑1 grounds shown	Defendant: should be vacated or amended (asserts duress/other bases)	Court: defendant failed to identify or prove any Rule 4:50‑1 ground (mistake, fraud, etc.); denial of relief affirmed.
Whether the daughter is emancipated (and thus relieves support/college obligations)	Plaintiff: daughter not emancipated; attendance in college supports continuation of support	Defendant: seeks emancipation; lacks relationship, claims daughter is independent	Court: no genuine, material dispute requiring plenary hearing; trial court properly found daughter not emancipated and left support obligations in place.
Whether a FERPA release was provided for fall 2019 and whether a plenary hearing was required on that factual dispute	Plaintiff: certified FERPA provided and "all defendant had to do was call the school"	Defendant: school records showed no FERPA for fall 2019; disputed plaintiff's compliance	Court: genuine factual dispute exists about fall 2019 FERPA; vacated Nov. 14 order only to the extent it required reimbursement for fall 2019 college costs and remanded for findings (limited issue).
Whether the March 16, 2020 order enforcing payment violated the bankruptcy automatic stay	Plaintiff: sought enforcement of preexisting domestic‑support obligation; argued enforcement permitted	Defendant: had filed Chapter 13 (Jan 20, 2020); automatic stay barred state‑court collection from estate property	Court: March 16, 2020 order (compelling payment of medical/college amounts) was entered in violation of 11 U.S.C. § 362 and is void; vacated that order.

Key Cases Cited

Cesare v. Cesare, 154 N.J. 394 (N.J. 1998) (standard of appellate review in Family Part matters)
Newburgh v. Arrigo, 88 N.J. 529 (N.J. 1982) (factors for emancipation/continuing parental support)
Gac v. Gac, 186 N.J. 535 (N.J. 2006) (application of Newburgh factors to college expense obligations)
Dolce v. Dolce, 383 N.J. Super. 11 (App. Div. 2006) (enforceability of agreements to support child beyond emancipation)
Moss v. Nedas, 289 N.J. Super. 352 (App. Div. 1996) (modifying college contribution where parent not notified of educational decisions)
In re Siciliano, 13 F.3d 748 (3d Cir. 1994) (bankruptcy court exclusive jurisdiction re collection from estate)
In re Myers, 491 F.3d 120 (3d Cir. 2007) (actions in violation of automatic stay are void)
In re Miller, 501 B.R. 266 (Bankr. E.D. Pa. 2013) (framework for when state enforcement of domestic support obligations is excepted from the automatic stay)