NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ."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-2642-19T1 G.A., Plaintiff-Respondent, v. V.B., Defendant-Appellant. ________________________ Submitted October 28, 2020 – Decided December 16, 2020 Before Judges Vernoia and Enright. On appeal from the Superior Court of New Jersey, Chancery Division, Family Part, Somerset County, Docket No. FM-18-0269-14. De Tommaso Law Group, LLC, attorneys for appellant (Michael J. DeTommaso and Taryn R. Zimmerman, on the briefs). Eileen M. Foley, attorney for respondent. PER CURIAM In this post-judgment matrimonial matter, defendant V.B. appeals from a February 3, 2020 award of counsel fees in the sum of $18,281.25 in favor of her former husband, plaintiff G.A. We affirm. The parties were married in March 2007 and their son was born in May 2007. The parties divorced in March 2014 and their February 2014 marital settlement agreement (MSA) was incorporated into their judgment of divorce. Under the MSA, the parties agreed to share joint legal custody of their son , with physical custody to plaintiff. The MSA afforded defendant parenting time throughout the year, including summer visits from July 24th to August 31st. After the parties divorced, defendant lived in Illinois, whereas plaintiff remained in New Jersey with the child. Pertinent to the instant appeal, paragraph twenty-eight of the parties' MSA provided: The Wife fully understands and recognizes that if she should violate the custody/parenting time arrangement and refuse to return the child to the State of New Jersey at the conclusion of her parenting time, thus forcing Husband to take legal action against Wife to return the minor child to Husband in the State of New Jersey, all future parenting time between Wife and the minor child will take place in the State of New Jersey in a supervised setting and Wife will no longer be entitled to remove the child from the State of New Jersey. Wife shall also be responsible to reimburse Husband all attorney's fees and costs associated with any legal action which Husband is required to take against Wife A-2642-19T1 2 to effectuate the return of his son to the State of New Jersey. On or about August 21, 2019, while the parties' child was visiting defendant in Illinois, he told her plaintiff physically punished him. Specifically, the child claimed plaintiff slapped his face and pulled his ears when he received poor grades. Defendant reported these allegations, and the Illinois Department of Children and Family Services opened an investigation. Additionally, defendant lodged a report with the New Jersey Department of Child Protection and Permanency (Division), which also investigated the matter. On August 30, 2019, defendant filed an emergency petition in Illinois, seeking temporary physical custody of the parties' son. She also filed an application to modify the ...
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