LexyCorpus case page
CourtListener opinion 2722563
Date unknown · US
- Extracted case name
- APPELLATE DIVISION v. MICHAEL KRUPINSKI
- Extracted reporter citation
- pending
- Docket / number
- A-2300-12T2 KATHLEEN KRUPINSKI
Machine-draft headnote
Machine-draft public headnote: CourtListener opinion 2722563 is included in the LexyCorpus QDRO sample set as a public CourtListener opinion with relevance to pension / defined benefit issues. The current annotation is conservative: it identifies source provenance, relevance signals, and evidence quotes for attorney/agent retrieval. It is not a Willie-approved legal headnote yet.
Retrieval annotation
Draft retrieval summary: this opinion has QDRO relevance score 5/5, retirement-division score 5/5, and family-law score 5/5. Use the quoted text and full opinion below before relying on the case.
Category: pension / defined benefit issues
Evidence quotes
QDRO“is agreed that at such time as the Husband starts to draw his pension, the Wife shall be entitled to one-third of each of the periodic pension payments made to the Husband. The Husband further agrees to execute such qualifying domestic relations order [QDRO] as may be necessary to direct the organization administering the pension to make the Wife's one-third share of each pension payment directly to the Wife. At the time the court entered the JOD in 1990, the PERS recognized defendant had accumulated nineteen years and eleven months of service as a public school teacher. The QDRO, which for reasons not”
retirement benefits“in the PERS. Of particular importance here, defendant continued his education after the parties separated, and was promoted to an administrative position, resulting in a significant increase in salary. The Division of Pensions and Benefits calculated his retirement benefits based on an annual salary of $132,210.97, nearly three times the $45,798 salary he was making as a teacher when he separated from plaintiff. With respect to alimony, Article II, Paragraph 4 of the PSA obligated defendant to pay plaintiff $100 per week, the equivalent of $430 per month ($100 X 4.3 weeks), subject to termination only upon plaintiff's”
pension“ted. Defendant's motion requires the trial court to address and answer one key question it did not address in denying defendant's motion to terminate alimony in 2010 and again in 2012. Specifically, the court must discern what part of the $1,871 monthly pension benefits plaintiff has been receiving since defendant's retirement in 2010 is attributable to defendant's post-dissolution efforts, and thus may be considered income to plaintiff for purposes of determining alimony, outside the bar imposed in N.J.S.A. 2A:34-23(b). The trial court erred in denying defendant's motion without making this threshold determ”
alternate payee“A-2300-12T2 denominator will be stated to be the total years of service credit accrued within the retirement system at the time of retirement. After payments commence to the Alternate Payee, they shall continue until the death of the Participant or the Alternate Payee. The Alternate Payee shall receive a pro-rata share of any cost of living adjustments or other economic improvements made to the Participant's retirement allowance on or after the date of his retirement. Such pro- rata share shall be calculated in the same manner as the Alternate Payee's share of the Participant's gross monthly retirement allowanc”
Source and provenance
- Source type
- courtlistener_qdro_opinion_full_text
- Permissions posture
- public
- Generated status
- machine draft public v0
- Review status
- gold label pending
- Jurisdiction metadata
- US
- Deterministic extraction
- docket: A-2300-12T2 KATHLEEN KRUPINSKI
- Generated at
- May 14, 2026
Related public corpus pages
Deterministic links based on shared title/citation terms and QDRO / retirement / family-law retrieval scores.
Clean opinion text
NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-2300-12T2 KATHLEEN KRUPINSKI, n/k/a KATHLEEN GOCKLIN, APPROVED FOR PUBLICATION Plaintiff-Respondent/ September 2, 2014 Cross-Appellant, APPELLATE DIVISION v. MICHAEL KRUPINSKI, Defendant-Appellant/ Cross-Respondent. _____________________________________ Argued May 21, 2014 – Decided September 2, 2014 Before Judges Fuentes, Fasciale and Haas. On appeal from Superior Court of New Jersey, Chancery Division, Family Part, Sussex County, Docket No. FM-19-352-90. John V. McDermott, Jr., argued the cause for appellant/cross-respondent. Chris H. Colabella argued the cause for respondent/cross-appellant (Gruber, Colabella & Liuzza, attorneys; Mr. Colabella and Kristen C. Montella, on the brief). The opinion of the court was delivered by FUENTES, P.J.A.D. Defendant Michael Krupinski appeals from the order of the Family Part denying his motion to terminate his obligation to pay permanent alimony to his former wife, plaintiff Kathleen Krupinski, n/k/a Kathleen Gocklin. Plaintiff cross-appeals the court's decision to deny her application for an award of counsel fees incurred defending defendant's motion. After reviewing the record before us, we hold the Family Part mistakenly exercised its discretion when it denied defendant's motion to terminate alimony without affording the parties discovery and thereafter determining whether an evidentiary hearing was warranted. Defendant's motion requires the trial court to address and answer one key question it did not address in denying defendant's motion to terminate alimony in 2010 and again in 2012. Specifically, the court must discern what part of the $1,871 monthly pension benefits plaintiff has been receiving since defendant's retirement in 2010 is attributable to defendant's post-dissolution efforts, and thus may be considered income to plaintiff for purposes of determining alimony, outside the bar imposed in N.J.S.A. 2A:34-23(b). The trial court erred in denying defendant's motion without making this threshold determination. We thus remand for the Family Part to enter a case management order to afford the parties the right to engage in limited discovery to ascertain each other's current financial status, including medical and social needs. We leave the 2 A-2300-12T2 precise method and scope of discovery to the discretion of the trial court. We suggest, however, that the judge confer with counsel and thereafter enter a case management order limiting the form of discovery to written interrogatories, requests for admissions, production of documents, and updated Case Information Statements (CIS) supported by copies of filed income tax returns for the past three years. At the conclusion of discovery, and after consultation with counsel, the court will then be in a position to determine whether it is necessary to conduct an evidentiary hearing to resolve any factual issues in dispute. I The parties were both twenty-two years old when they married in 1968, and had two children who are both emancipated adults. They separated twenty years later on October 24, 1988. With the assistance of independent counsel, they negotiated and entered into a comprehensive property settlement agreement (PSA) that covered all of the key issues associated with the dissolution of marriage, including child support, the cost of college education for the children, and most relevant here, alimony, and equitable distribution. The PSA was incorporated by the court to the final judgment of divorce (JOD) dated June 27, 1990. 3 A-2300-12T2 Defendant was a public school teacher at the time the parties separated in 1988, earning an annual salary of $45,798.28. He was enrolled in the Public Employment Retirement System (PERS). With respect to the equitable distribution of defendant's pension benefits, Paragraph 14 of the PSA provided in relevant part as follows: It is agreed that at such time as the Husband starts to draw his pension, the Wife shall be entitled to one-third of each of the periodic pension payments made to the Husband. The Husband further agrees to execute such qualifying domestic relations order [QDRO] as may be necessary to direct the organization administering the pension to make the Wife's one-third share of each pension payment directly to the Wife. At the time the court entered the JOD in 1990, the PERS recognized defendant had accumulated nineteen years and eleven months of service as a public school teacher. The QDRO, which for reasons not disclosed in the record was not filed until October 5, 2000, provided, in relevant part, for the Division of Pension and Benefits to withhold from [defendant']s gross monthly retirement allowances for equitable distribution payments to [plaintiff] an amount to be computed by multiplying the gross monthly retirement allowances by Fifty Percent (50%) and a coverture fraction in which the numerator will be the total number of years that the spouses were married while the member was a member of the retirement system (from September 1, 1969 to July 21, 1989 or 19 Years 11 Months), and the 4 A-2300-12T2 denominator will be stated to be the total years of service credit accrued within the retirement system at the time of retirement. After payments commence to the Alternate Payee, they shall continue until the death of the Participant or the Alternate Payee. The Alternate Payee shall receive a pro-rata share of any cost of living adjustments or other economic improvements made to the Participant's retirement allowance on or after the date of his retirement. Such pro- rata share shall be calculated in the same manner as the Alternate Payee's share of the Participant's gross monthly retirement allowance is calculated pursuant to Section 2 above. Defendant was sixty-four years old when he retired on April 1, 2010. He had accumulated forty-one years and five months of service in the PERS. Of particular importance here, defendant continued his education after the parties separated, and was promoted to an administrative position, resulting in a significant increase in salary. The Division of Pensions and Benefits calculated his retirement benefits based on an annual salary of $132,210.97, nearly three times the $45,798 salary he was making as a teacher when he separated from plaintiff. With respect to alimony, Article II, Paragraph 4 of the PSA obligated defendant to pay plaintiff $100 per week, the equivalent of $430 per month ($100 X 4.3 weeks), subject to termination only upon plaintiff's death, remarriage, or cohabitation \with an individual to whom she is not related by