Opinion
No. 12–P–339.
2013-05-9
Brian C. JOYCE v. Krisanne JOYCE.
By the Court (GRASSO, BROWN & GREEN, JJ.).
MEMORANDUM AND ORDER PURSUANT TO RULE 1:28
The husband filed a modification complaint asserting that he was entitled to an “off-set for his $7,040 overpayment of child support against his present child support obligation to be applied over time .” The husband also asserted that he was entitled to a declaratory judgment to the effect that his obligation under the separation agreement to pay for the child's “extracurricular activities” “is limited to those extracurricular activities directly associated with and related to summer camp, and does not encompass any and all other activities of [the child] not directly associated with and related to summer camp.”
The judge, on motion, dismissed the husband's modification complaint, ruling that, with respect to the husband's request for a declaration regarding the child's “extracurricular activities” that a “Domestic Relations Complaint for Modification to resolve this controversy does not lie.” The judge also dismissed, specifically with prejudice, the husband's claim that he was entitled to credit on his child support “overpayment.” The husband argues that the judge's dismissal, with prejudice, of his offset was error because the issue has never before been squarely raised. The husband squarely raised his offset claim in the 2008 contempt proceedings, in 09–P–1255, and most recently in his “motion for clarification.” The husband's request for offset was denied on each occasion. We cannot reasonably discern any basis for giving the husband another opportunity to raise the same point again.
Judgment affirmed, with double costs of appeal.