Kummarapurugu v. Thota (App.Div. 2015)
Sat Below: Hon. Catherine Fitzpatrick P.J.F.P. (Mercer County)
In this wrongly decided appeal, the Appellate Division declined to intervene when the trial court inadvertently copied the wrong information from the record into the software used to calculate Mr. Kummarapurugu’s child support obligation after Mr. Kummarapurugu sought review of the amount as the result of the birth of a subsequent child. The Appellate Division held that Mr. Kummarapurugu was complaining as to the modification of his support (which was inaccurate as he was the one who filed for review) and was dissatisfied as to how “factors” were applied (which was inaccurate as there were no “factors” involved, it was a straight guidelines application). The Appellate Division denied without comment a motion for reconsideration. A petition for certification to the Supreme Court was filed, asking for the limited relief of remanding the case for the correciton of these errors.
Update: On November 6, 2015, the Supreme Court of New Jersey entered
an order remanding the case to the Family Part for further action.