DEBORAH CARR VS. HARRY CARR (FM-18-0937-06, SOMERSET COUNTY AND STATEWIDE)


NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although it is posted on the internet, this opinion is binding only on the parties in the case and its use in other cases is limited. R. 1:36-3. SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-2453-16T1 DEBORAH CARR, Plaintiff-Respondent/ Cross-Appellant, v. HARRY CARR, Defendant-Appellant/ Cross-Respondent. ___________________________ Argued October 2, 2019 – Decided October 29, 2019 Before Judges Yannotti, Hoffman and Firko. On appeal from the Superior Court of New Jersey, Chancery Division, Family Part, Somerset County, Docket No. FM-18-0937-06. Harry Carr, appellant/cross-respondent, argued the cause pro se. James P. Yudes argued the cause for respondent/cross- appellant (James P. Yudes, PC, attorneys; James P. Yudes, of counsel; Karen Tichenor Willitts, on the briefs). PER CURIAM Defendant appeals from an order dated June 29, 2016, and other orders entered by the Family Part in these divorce proceedings. Plaintiff cross-appeals from the June 29, 2016 order. For the reasons that follow, we affirm on the appeal and cross-appeal. I. The parties were married in May 1988 and thereafter adopted a child, who we refer to as A.C. Plaintiff filed a complaint for divorce on April 27, 2006. Thereafter, defendant filed an answer, a counterclaim for divorce, and a third- party complaint in which he asserted claims against plaintiff's parents and sisters. The third-party claims were later resolved. Thereafter, the judge conducted a trial in the matter on fifty-five non-consecutive days and filed a comprehensive written opinion, which was memorialized in a final judgment of divorce (FJOD), dated June 29, 2011. Among other things, the FJOD provided for the equitable distribution of the parties' assets, including defendant's ownership interest in HM, LLC (HM), a business that purchased, sold, and leased aircraft for charter services; awarded plaintiff permanent alimony in the amount of $10,000 per month; required defendant to pay child support of $500 per month, provide health insurance A-2453-16T1 2 coverage, and pay certain uninsured healthcare expenses for A.C.; ordered defendant to maintain his "current life insurance policy" with plaintiff and A.C. named as beneficiaries; and awarded plaintiff attorneys' fees in the amount of $300,000. Plaintiff and defendant appealed from the FJOD. While the appeal was pending, defendant filed an application in the Family Part to terminate or reduce alimony based on changed circumstances. The trial court deferred consideration of the motion. We affirmed the FJOD in large part, but remanded the matter to the Family Part to: complete a child support worksheet; provide a more detailed explanation of the award of attorneys' fees; conduct a full valuation and equitable distribution of HM; and consider plaintiff's claim for distribution of a share of an account with Bank of America. Carr v. Carr, No. A-5558-10 (App. Div. Oct. 11, 2013) (slip op. at 33, 35, 45, 54). On June 30, 2014, the trial judge issued her decision on child support, the Bank of America account, and the award of attorneys' fees. ...

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