STEPHANIE MESSNER v. MIKLOS HAJDU-NEMETH (FD-18-0340-01, SOMERSET COUNTY AND STATEWIDE)
A-0756-20
| N.J. Super. Ct. App. Div. | Mar 17, 2022Background
- Messner (mother) and Hajdu-Nemeth (father) cohabited; two daughters born 2000 and 2004. After separation, a July 25, 2017 consent judgment named Hajdu-Nemeth primary residential parent, Messner alternate residential parent, set parenting time, and established child support and parochial-school cost-sharing obligations.
- Judge Bury entered April 12 & 18, 2019 orders addressing, among other things, child-support accounting, plaintiff’s share of parochial tuition, requirement to file a matrimonial CIS, and enforcement sanctions; he denied counsel fees.
- Messner moved in 2020 to vacate parts of the April 2019 order, contending the court miscalculated arrears and wrongly assigned tuition liability; Hajdu-Nemeth opposed and filed a cross-motion seeking enforcement, contempt, imputation of income to Messner, and counsel fees.
- Judge Suh (Family Part) denied Messner’s motion to vacate, found no fraud or error in the arrears and tuition calculations, ordered Messner to obtain life insurance and comply with tuition obligations, recalculated current child support at $95/week using Messner’s 2019 reported income, and denied Hajdu-Nemeth’s requests to impute income or award counsel fees.
- Messner appeals limited parts of Judge Suh’s order (including denial to vacate and enforcement rulings); Hajdu-Nemeth cross-appeals denial of imputation and denial of counsel fees. The Appellate Division affirms in part and dismisses untimely portions of Messner’s appeal.
Issues
| Issue | Plaintiff's Argument (Messner) | Defendant's Argument (Hajdu-Nemeth) | Held |
|---|---|---|---|
| Timeliness of challenges to earlier orders | Challenges to the 2017 judgment and earlier rulings are proper | These challenges are untimely under Rule 2:4-1 and no timely reconsideration was filed | Appellate court: Points attacking prior orders are time-barred and dismissed for lack of jurisdiction |
| Motion to vacate April 2019 order re: child-support arrears and parochial tuition | Judge Bury miscalculated arrears and wrongly assigned tuition share to Messner; relief under R. 4:50-1 warranted | Probation audit and payment records support the court’s accounting; no fraud or basis for relief | Denied — Judge Suh’s factual findings supported by substantial credible evidence; no R. 4:50-1 relief |
| Need for plenary hearing / changed circumstances for custody or parenting-time modification | Plenary hearing required; there was a change in circumstances warranting custody/parenting modification | No material factual disputes and no sufficient change in circumstances | Denied — no abuse of discretion in declining a plenary hearing; Messner failed to show material change in circumstances |
| Imputation of income to Messner | Using Messner’s 2019 reported income understates her capacity; court should impute $80,210 annually | Messner reported 2019 income ($50,883); no proof she is intentionally underemployed | Denied — Judge Suh permissibly used Messner’s reported 2019 income; defendant did not meet burden to impute income |
| Award of counsel fees to Hajdu-Nemeth | (Messner) Opposes fees due to inability to pay and unemployment | (Hajdu-Nemeth) Factors favor award of fees; litigant misconduct and enforcement efforts justify fees | Denied — although many factors favor defendant, Messner’s inability to pay and unemployment weigh against fee award; no abuse of discretion |
Key Cases Cited
- Cesare v. Cesare, 154 N.J. 394 (1998) (standard for appellate deference to trial factfinding)
- Gnall v. Gnall, 222 N.J. 414 (2015) (deference to trial findings unless manifestly unsupported)
- Lepis v. Lepis, 83 N.J. 139 (1980) (changed-circumstances standard for modifying support)
- Rendine v. Pantzer, 141 N.J. 292 (1995) (deferential standard reviewing trial court fee awards)
- Hand v. Hand, 391 N.J. Super. 102 (App. Div. 2007) (best-interests standard governs custody/parenting decisions)
- Bencivenga v. Bencivenga, 254 N.J. Super. 328 (App. Div. 1992) (court may impute income to unemployed/underemployed parent)
- Conforti v. Guliadis, 128 N.J. 318 (1992) (when plenary hearing required in contested custody matters)