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(NOTE: The status of this decision is Unpublished.) Original Wordprocessor Version (NOTE: The status of this decision is Unpublished.) NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-1930-07T11930-07T1 JOHN J. PIERSON, Plaintiff-Respondent, v. NANNETTE PIERSON, Defendant-Appellant. ___________________________________

Argued November 18, 2009 - Decided Before Judges Cuff, Miniman and Waugh. On appeal from the Superior Court of New Jersey, Chancery Division, Family Part, Morris County, Docket No. FM-14-348-06. Lawrence A. Leven argued the cause for appellant. John J. Pierson, respondent, argued the cause pro se. PER CURIAM Plaintiff John J. Pierson and defendant Nannette Pierson were married on October 21, 1985, and divorced on July 26, 2007. The initial judgment of divorce and a supplemental judgment of divorce resulted from a settlement between the parties, with certain issues reserved for trial. Following a four day trial, the Family Part judge delivered an oral decision and entered a second supplemental judgment of divorce on July 30, 2007. Nannette appeals from the second supplemental judgment of divorce, as well as an order dated November 30, 2007, denying several postjudgment motions. The issues raised on appeal concern (1) Nannette's involuntary removal from the marital residence following

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the divorce; (2) the amount of interim support given to Nannette between her removal and the sale of the marital residence (3) responsibility for interest and penalties on delinquent taxes resulting from the sale of a residence in South Carolina and the related late-filing of tax returns; (4) equitable distribution with respect to the marital residence; (5) responsibility for Nannette's health insurance; (6) imputed income attributed to Nannette in the event there is a need for child support; (7) a lien for counsel fees claimed by Nannette's prior counsel, which lien was imposed on her share of equitable distribution; (8) denial of Nannette's motion for reconsideration; (9) denial of Nannette's motion for a new trial; and (10) whether a different judge should preside over any remand proceedings. We decline to address the issue of imputed income. It is our understanding that no child support is being paid by either party at this time, and that the parties agreed on the amount of spousal support prior to the trial. Child support will only become an issue when the marital residence is sold and then only if one or both of the children are still unemancipated and decide to reside with Nannette. At the time of oral argument before us, the marital residence had not been sold. Should the need arise, the issue of Nannette's income should be determined on the basis of then current facts, rather than facts that are almost three years old and projections as to future earning capacity made in 2007. As a result, the imputed income issue is moot at this time. "We will not render advisory opinions or function in the abstract." Zamboni v. Stamler, 199 N.J. Super. 378, 383 (App. Div. 1985). We also decline to consider the issue of the lien for counsel fees, which is not properly before us. Nannette's prior attorney, who sought and obtained the lien, was not listed on the notice of appeal, and has not participated in the briefing and argument of this appeal. I. The following procedural history and facts developed at the trial and contained in the record, inform our disposition of this appeal. A. John and Nannette have two children: a daughter born in 1986; and a son born in 1990. The daughter was in college at the time of the trial. The record does not reflect her current status. The son was about to enter his senior year in high school, and would presumably be in college at this time. Nannette had a son from her first marriage, who is emancipated. At the time of their marriage, John and Nannette each owned a residence. On February 20, 1986, they jointly purchased the marital home in New Vernon for $460,000. Some renovations were made before the couple occupied
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that home. The purchase and renovations were financed largely through bridge loans. The other residential properties were then sold and the loans repaid. The trial judge found that John contributed approximately $160,000 and that Nannette contributed approximately $200,000 to the initial purchase and renovation of the marital residence. During the marriage, there were very extensive additional renovations and improvements to the marital residence. The trial judge found that they were financed primarily by John's income. Nannette claimed that she should receive an additional $40,000 in equitable distribution from the sale of the marital residence in light of her greater contribution to its initial purchase price. In 1992, John and Nannette purchased a lot in Hilton Head, South Carolina. The lot was sold in 2001 and the proceeds were used to purchase a residence in Hilton Head. Because the transaction was structured as a like-kind exchange, there were no tax consequences flowing from that transaction. See 26 U.S.C.A.

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