M.E.M. VS. D.H.N., JR.(FM-12-1304-14, MIDDLESEX COUNTY AND STATEWIDE), A-0353-15T2

Parties divorced in 2014; JOD incorporated an MSA providing joint legal and residential custody of three daughters (then 17, 15, 12).
Nine months after the JOD, plaintiff obtained sole residential custody of the oldest child due to changed circumstances.
Defendant voluntarily retired and moved about 60 miles away from the two youngest daughters' residence, then sought primary residential custody and termination of child support, claiming a better school/environment where he lived.
Plaintiff cross-moved for primary residential custody, modification of drop-off location, recalculation of child support, payment of her shares of 2013 tax refund and sale proceeds of the marital home, and sanctions for defendant’s noncompliance with asset-distribution orders.
The trial court appointed a Guardian ad Litem (GAL), ordered defendant to pay portions of GAL fees, plaintiff’s outstanding asset shares, and $1,000 in attorney’s fees for noncompliance; after plenary hearing, the court awarded plaintiff primary residential custody and increased defendant’s child support by imputing pre-retirement income.
Defendant appealed multiple interlocutory and final orders; appellate court affirmed, finding no abuse of discretion.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Appointment of GAL and ordering defendant to pay GAL fees	GAL appropriate given custody dispute; fees allocable	GAL unnecessary and fee allocation improper	Appointment and fee allocation affirmed; GAL appointment within judge’s discretion
Primary residential custody of two youngest children	Children’s schooling, socialization, and continuity favored plaintiff; keeping siblings together	Defendant argued better schools/environment where he moved; sought primary custody	Award to plaintiff affirmed as best-interests determination supported by credible evidence
Parenting time/location adjustments	Modify drop-off to accommodate children’s residence and school	Wanted custody/parenting time centered in his new residence	Court’s parenting-time allocation and drop-off location affirmed
Child support recalculation and income imputation	Recalculate based on plaintiff’s primary custody; impute defendant’s pre-retirement salary	Use defendant’s lower retirement income; retirement was voluntary or caused by plaintiff’s conduct	Court imputed defendant’s pre-retirement salary and increased support; affirmed
Attorney’s fees/sanctions and entitlement to asset shares	Plaintiff sought fees for noncompliance and enforcement; sought outstanding tax refund and sale proceeds	Defendant contested payment and sanctions	Award of $1,000 fees for noncompliance and plaintiff’s entitlement to tax refund and sale proceeds affirmed

Cesare v. Cesare, 154 N.J. 394 (guidance on appellate deference to trial-fact findings)
Rova Farms Resort, Inc. v. Inv'rs Ins. Co. of Am., 65 N.J. 474 (standard for reviewing factual findings)
Kinsella v. Kinsella, 150 N.J. 276 (best-interests standard in custody cases)
Hand v. Hand, 391 N.J. Super. 102 (deference to Family Part judges and their expertise)
Isaacson v. Isaacson, 348 N.J. Super. 560 (Rule 5:8B appointment of GAL)
Milne v. Goldenberg, 428 N.J. Super. 184 (role and advisory nature of GAL)
Flagg v. Essex Cty. Prosecutor, 171 N.J. 561 (definition of abuse of discretion)
Addesa v. Addesa, 392 N.J. Super. 58 (review of attorney-fee awards in family matters)
Gnall v. Gnall, 432 N.J. Super. 129 (modification of child support review)