LISA TAYLOR VS. JARED TAYLOR (FM-10-0377-16, HUNTERDON 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NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ."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-3714-19 LISA TAYLOR, n/k/a LISA DEMBECK, Plaintiff-Appellant, v. JARED TAYLOR , Defendant-Respondent. ________________________ Argued October 18, 2021 – Decided December 2, 2021 Before Judges Vernoia and Firko. On appeal from the Superior Court of New Jersey, Chancery Division, Family Part, Hunterdon County, Docket No. FM-10-0377-16. Ann Fabrikant argued the cause for appellant (Fabrikant Law, LLC, attorneys; Ann Fabrikant, of counsel and on the briefs). Rosanne S. DeTorres argued the cause for respondent (DeTorres & DeGeorge, LLC, attorneys; Rosanne S. DeTorres, of counsel and on the brief). PER CURIAM In this post-judgment matrimonial matter, plaintiff Lisa Taylor, now known as Lisa Dembeck, appeals from the April 7, 2020 Family Part order denying her cross-motion for a modification of defendant Jared Taylor's $307 weekly child support obligation for the parties' two children based on his self- employed income. She also appeals the denial of her request for a modification of the percentages allocated between the parties for payment of unreimbursed medical expenses exceeding $250 per year per child and the May 22, 2020 order denying her motion for reconsideration. The judge ordered defendant to obtain a $125,000 life insurance policy to secure his child support obligation. The decision as to defendant's income and the $125,000 life insurance amount is affirmed, but we are constrained to vacate both orders in part and remand to the Family Part for the judge to reconsider, address, and make findings of fact and conclusions of law as to: (1) the imputation of income to plaintiff; and (2) plaintiff's claim she is entitled to a deduction of child care costs under Appendix IX-A, guideline twelve of the child support guidelines. We also direct the judge to utilize the line seven ratio on the medical allocation ratio after reconsideration of the above factors. A-3714-19 2 I. The following facts are gleaned from the motion record. The parties divorced in July 2010, after a five-year marriage. They entered into a comprehensive property settlement agreement (PSA), which was incorporated into their judgment of divorce (JOD). Two children were born of the marriage: M.T.,1 born in December 2006, and Ma.T., born in January 2010. Plaintiff remarried and has two children with her current husband: a son born in May 2016, and another son born in May 2019. On February 27, 2015, the parties entered into a consent order allowing plaintiff to relocate with the parties' children to Goshen, New York, where she now resides with all four of her children. Paragraph two of the PSA provided defendant would pay plaintiff $334 per week in child support for their two children via income withholding or other means through the appropriate county probation department. …

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