Maura Ricci, N/K/A Maura McGarvey v. Michael Ricci and
154 A.3d 215
| N.J. Super. Ct. App. Div. | 2017Background
- Divorce parties Maura McGarvey (plaintiff) and Michael Ricci (defendant) share a now-23-year-old daughter, Caitlyn, who left her mother's home at 19 to live with paternal grandparents; parents executed a consent order terminating child support (emancipation) in March 2013.
- Caitlyn moved to intervene in the matrimonial docket seeking to vacate the emancipation order and obtain parental contributions for college (initially community college, later Temple University).
- On October 11, 2013 the Family Part permitted Caitlyn to intervene and ordered parents to split modest Gloucester County Community College costs for 2013–14 and set procedures for future years, but did not make extensive factual findings about emancipation.
- Caitlyn later transferred to Temple University; a newly assigned judge (Oct. 31, 2014) enforced the earlier order to require parents to pay Temple tuition (allocating 40%/60%) without a plenary hearing or Newburgh-factor analysis.
- On reconsideration the original judge limited review to the 2013–14 community college award, ordered the parents to pay the small remaining community college balance, and denied further reconsideration and counsel fees; parties appealed and the matters were consolidated.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Standing / intervention | Caitlyn should not be allowed to intervene | Parents opposed intervention | Court: Caitlyn properly permitted to intervene (has direct interest) |
| Emancipation determination | Emancipation was valid — parents argued Caitlyn voluntarily left, was independent | Caitlyn argued she was not emancipated and needs support | Court: Emancipation is a legal question requiring factfinding; October 11, 2013 order lacked factual findings and cannot stand; vacated and remanded for plenary hearing |
| Parental obligation for college (Newburgh factors) | Parents argued no Newburgh analysis was done and they cannot afford Temple; award limited to community college | Caitlyn argued prior order required parents to pay all college costs | Court: Court may require college contributions only after unemancipation proven and full Newburgh analysis on a complete record; October 31, 2014 enforcement order vacated for lack of findings |
| Attorney's fees | Parents sought reconsideration and fees; plaintiff challenged denials | Caitlyn sought fees for enforcement actions | Court: Denials of attorney's fees are not upheld now because orders vacated; fee issues may be revisited on remand |
Key Cases Cited
- Newburgh v. Arrigo, 88 N.J. 529 (1982) (parental duty may include college costs; factors to evaluate commitment to higher education)
- Gac v. Gac, 186 N.J. 535 (2006) (courts consider higher-education need in support determinations)
- Pascale v. Pascale, 140 N.J. 583 (1995) (child support preserves child's pre-separation standard of living; courts may set/modify support)
- Filippone v. Lee, 304 N.J. Super. 301 (App. Div. 1997) (emancipation analysis; leaving home may support emancipation but facts control)
- Weitzman v. Weitzman, 228 N.J. Super. 346 (App. Div. 1988) (parental ability to pay is critical in college-contribution determinations)