In a Decision Felton v. Felton, (an "Unreported Decision") >> the Court Held:
The Appellate Division affirmed the Trial Court decision to utilize the expert to prepare the retirement distribution.
Plaintiff argued Family Part judge erred by not scheduling a contempt hearing on defendant's non-payment of previously ordered counsel fees and in granting defendant's motion for a credit. Court disagreed and found Family Part judge's decision was consistent with court's decision in the prior litigation. Parties had agreed to use an experienced pension appraisal firm to calculate the amount of defendant's pension to be paid to plaintiff and any credits or offsets and Family Part judge appropriately determined to await an amended Court Order Approved for Processing prepared by the appraisal expert. Additionally, Family Part judge properly denied plaintiff's requested counsel fees because the parties had a legitimate dispute regarding the manner for calculating defendant's military pension and properly declined to place defendant in custody without a separate contempt hearing.