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Manne v. Manne

SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION
Feb 9, 2016
DOCKET NO. A-4620-13T4 (App. Div. Feb. 9, 2016)

Opinion

DOCKET NO. A-4620-13T4

02-09-2016

RUDY MANNE, Plaintiff-Appellant, v. SUSAN MANNE, Defendant-Respondent.

Rudy Manne, appellant pro se. Respondent has not filed a brief.


NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION Before Judges Rothstadt and Currier. On appeal from the Superior Court of New Jersey, Chancery Division, Family Part, Middlesex County, Docket No. FM-12-2664-02. Rudy Manne, appellant pro se. Respondent has not filed a brief. PER CURIAM

This is an appeal from the July 11, 2014 order denyi plaintiff Rudy Manne's motion for reconsideration. For t reasons set forth below, we affirm.

Following their divorce in 2008, Rudy was ordered to pay spousal and child support to Susan. In 2013, Rudy's child support obligations were modified and he was ordered to pay fifty-one-percent of the children's college costs.

The parties share the same last name, therefore, we refer to them by their first names for clarity. No disrespect is intended.

In March 2014, Rudy was laid off from his job and he received a severance of four months' salary in the gross amount of $30,000. Although Rudy filed for unemployment, he was denied benefits for a three month period due to the severance amount exceeding the State's maximum weekly benefit rate.

Rudy filed a motion in May 2014 requesting suspension of his alimony support obligation and a reduction of his child support. The motion was denied without prejudice. Rudy moved for reconsideration which was later denied by the trial judge on July 11, 2014. This appeal followed.

On appeal, Rudy raises the following contentions:

THE FAMILY COURT DID NOT CONSIDER, OR SEEMED TO IGNORE, [RUDY]'S POOR FINANCIAL SITUATION AND HIS ABILITY TO PAY FOR SPOUSAL SUPPORT, OR BUILD SPOUSAL SUPPORT ARREARS, TO [SUSAN] WHILE UNEMPLOYED. THE COURT ALSO SEEMED TO IGNORE THE NEED FOR THE PARTIES['] SON, MICHAEL, TO BE ABLE TO CONTINUE WITH HIS COLLEGE EDUCATION IN THE FALL. THE FAMILY COURT JUDGE (FEMALE) ONLY SEEMED CONCERNED
ABOUT TAKING CARE OF [SUSAN] (FEMALE) IN THIS CASE, WHICH WAS HIGHLY PREJUDICIAL.



THE FAMILY COURT WOULD NOT RECOGNIZE THAT A "CHANGE OF CIRCUMSTANCE" HAD OCCURRED FOR [RUDY], DUE TO HIS UNEMPLOYMENT, AND SUSPEND [HIS] WEEKLY ALIMONY SUPPORT AND REDUCE HIS WEEKLY CHILD SUPPORT.



THE FAMILY COURT IGNORED N.J. LAW AND THE CHILD SUPPORT AND ALIMONY GUIDELINES DEFINED BY THE N.J. STATUTES.



THE FAMILY COURT HAS ORDERED [RUDY] TO PROVIDE PROOF OF TWO (2) LIFE INSURANCE POLICIES WITH [SUSAN] AND CHILDREN AS BENEFICIARIES WHICH [RUDY] CANNOT POSSIBLY AFFORD. [HE] CANNOT EVEN AFFORD MEDICAL INSURANCE FOR HIMSELF. [RUDY] CURRENTLY RELIES ON FREE MEDICAL INSURANCE AND AID.

When reviewing a trial judge's order, we defer to factual findings "supported by adequate, substantial, credible evidence." Gnall v. Gnall, 222 N.J. 414, 428 (2015) (citing Cesare v. Cesare, 154 N.J. 394, 411-12 (1998)). However, a "trial judge's legal conclusions, and the application of those conclusions to the facts, are subject to our plenary review." Reese v. Weis, 430 N.J. Super. 552, 568 (App. Div. 2013). "To the extent that the trial court's decision constitutes a legal determination, we review it de novo." D'Agostino v. Maldonado, 216 N.J. 168, 182 (2013).

"[A]limony and support orders define only the present obligations of the former spouses," which "duties are always subject to review and modification on a showing of 'changed circumstances.'" Lepis v. Lepis, 83 N.J. 139, 146 (1980) (internal citations omitted). The burden of showing "changed circumstances" is on the party seeking to modify an alimony obligation. Id. at 157 (citation omitted). In addition, the moving "party must demonstrate that changed circumstances have substantially impaired the ability to support himself or herself." Ibid. "[O]ne cannot find himself in, and choose to remain in, a position where he has diminished or no earning capacity and expect to be relieved of or to be able to ignore the obligations of support to one's family." Arribi v. Arribi, 186 N.J. Super. 116, 118 (Ch. Div. 1982).

Rudy's arguments lack sufficient merit to warrant discussion in a written opinion. R. 2:11-3(e)(1)(E). We affirm substantially for the reasons expressed by the July 11, 2014 order. We add only the following brief remarks.

In denying Rudy's initial motion for reductions in both alimony and child support, the judge noted in her order: "[Rudy] was working for Sony and has become unemployed on March 28, 2014. He has received a severance package and will be receiving unemployment benefits. [Rudy] has not shown a substantial, permanent change in employment sufficient to justify a suspension of alimony and/or a reduction in child support." In considering the motion for reconsideration, the family court judge suspended enforcement of Rudy's alimony obligation until he obtained new employment. The rulings in both orders are based on "adequate, substantial, [and] credible evidence." Gnall, supra, 222 N.J. at 428. Although Rudy was temporarily denied unemployment benefits, he was given a substantial severance package and allowed to refile for unemployment after July 7, 2014. Rudy has not "demonstrate[d] that changed circumstances have substantially impaired [his] ability to support himself." Lepis, supra, 83 N.J. at 157. He, therefore, was not entitled to a modification of spousal or child support at the time the judge considered his application.

Affirmed. I hereby certify that the foregoing is a true copy of the original on file in my office.

CLERK OF THE APPELLATE DIVISION


Summaries of

Manne v. Manne

SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION
Feb 9, 2016
DOCKET NO. A-4620-13T4 (App. Div. Feb. 9, 2016)
Case details for

Manne v. Manne

Case Details

Full title:RUDY MANNE, Plaintiff-Appellant, v. SUSAN MANNE, Defendant-Respondent.

Court:SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION

Date published: Feb 9, 2016

Citations

DOCKET NO. A-4620-13T4 (App. Div. Feb. 9, 2016)