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Superior Court of New Jersey, Appellate Division.

MICHAEL CHIARELLA, Plaintiff–Appellant, v. BETH CHIARELLA, Defendant–Respondent.

DOCKET NO. A–5813–10T4

    Decided: March 28, 2014

Before Judges Fisher and O'Connor. John J. Marinan argued the cause for appellant. Jessica S. Strugibenetti argued the cause for respondent (Law Offices of Peter C. Lucas, L.L.C., attorney;  Ms. Strugibenetti, on the brief).

The parties were divorced in 1998.   Thereafter, disputes periodically arose over, among other things, plaintiff Michael Chiarella's obligation to pay child support and unreimbursed medical expenses for the parties' three children.   On July 1, 2011, the trial court entered an order compelling plaintiff to pay $6,724 toward one child's unreimbursed medical expenses;  denying plaintiff's request for credits toward his child support arrears;  compelling plaintiff to pay arrears at $200 per week;  and granting defendant's request for counsel fees of $50,000.   Plaintiff appealed the July 1, 2011 order.

On April 15, 2013, we issued a decision in which we disposed of all but two issues.  Michael Chiarella v. Beth Chiarella, No. A–5813–10 (App. Div. April 15, 2013).   We remanded the matter to the trial court to enter an order crediting plaintiff $3,649 in child support arrears and $3,462 in unreimbursed medical payments, and to explain how it calculated medical expenses for one of the children and, if necessary, adjust the amount plaintiff was obligated to pay for such expenses.   We retained jurisdiction.

The trial court addressed the issues remanded to it in an order entered July 3, 2013, which was amended by order dated July 19, 2013 1 .  Following the entry of the July 19, 2013 order, the parties filed supplemental briefs in this court.   Neither party sought review of the July 19, 2013 order.   The briefs address matters previously decided and disposed of by this court.   During oral argument, the parties confirmed all issues decided by the trial court on remand have been resolved and are not being challenged in this appeal.



1.  FN1. Certain provisions in the July 3, 2013 order incorrectly referred to Michael Chiarella as “defendant” and Beth Chiarella as “plaintiff.”   The July 19, 2013 order corrected the error and added a paragraph directing the Monmouth County Probation Department to credit plaintiff's arrears by $3,649.


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