Summary
In Knoblock, what appeared superficially to be a routine action at law for debt was deemed cognizable only within the jurisdiction of the Chancery Division (now the Family Part) of the Superior Court, which had the authority to adjust the amount of unpaid support.
Summary of this case from Greenberg v. O'GormanOpinion
Argued June 6, 1972 —
Decided June 15, 1972.
Appeal from Middlesex County District Court
Before Judges LABRECQUE, KOLOVSKY and ALLCORN.
Mr. Seymour Gelzer argued the cause for the appellant ( Iaria and Gelzer, attorneys).
Mr. John V. Burns argued the cause for the respondent.
The county district court had no jurisdiction of this suit by a wife against her husband for arrearages under a support and maintenance agreement. The suit is cognizable only in the Chancery Division. Bendler v. Bendler, 3 N.J. 161 (1949); N.J.S.A. 2A:6-34; N.J.S.A. 37:2-5.
The judgment of the county district court in favor of the plaintiff is reversed, and the cause is remanded with directions that it be transferred to the Chancery Division of the Superior Court, Middlesex County, R. 1:13-4.