In a Decision – Formoso v. Formoso, (an "Unreported Decision") >> the Court Held:
The Appellate Division reversed the Trial Court and determined that
Husband’s request involved disputed issues of material fact, issues of
fairness and equity had to be considered.
The Divorce Agreement provided for child support and that the parties would pay the children's college expenses based on their financial situation at the time children went to college. Husband sought to declare oldest child emancipated and argued there was a change of circumstance since he had remarried, had two other children and plaintiff's income had increased. Husband asserted that Wife had never previously asserted a claim for child support. A dispute also existed as to the genuineness of a Consent Order.