Filed electronically

03-12-2021
Hon. Angela White Dalton, JSC
Prepared by the court
_____________________________ SUPERIOR COURT OF NEW JERSEY
: CHANCERY DIVISION
Bryan Alintoff : FAMILY PART
: COUNTY OF MONMOUTH
:
Plaintiff, :
: Docket No. FM-13-545-12C
:
v. :
: Civil Action
:
: ORDER
Rachel B. Alintoff :
Defendant. :
_______________________________

THIS MATTER, having been scheduled for a hearing on December 11, 2020 before the

Honorable Angela White Dalton, Judge of the Superior Court, upon the application of Rachel B.

Alintoff, defendant (“wife”), Demetrios K. Stratis, Esq., appearing, and opposition and cross

motion by Bryan Alintoff, plaintiff (“husband”), William A. Miller, Esq., appearing, and the

court having read and considered the pleadings filed herein, and for good cause shown:

It is on this 12th day of March 2021, ORDERED:

1. Defendant’s request that custody of the minor child of the marriage, Hayden Alintoff

(born August 16, 2009) be immediately transferred to the Mother pending further order of

the Court is DENIED.

2. Defendant’s request for an order permitting her to enroll the child in a school district

within her residence is DENIED.

3. Defendant’s request for an order requiring plaintiff to immediately provide insurance for

the minor child, Hayden Alintoff is addressed as follows: Plaintiff has already provided

proof that he has procured and maintained medical insurance for the minor child. Plaintiff

shall, if not having done so already, provide an identification card or the identification
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number so that defendant mother may access insurance to obtain treatment, therapy or

medical care for the child when in her care.

4. Defendant’s request for an order permitting her to enroll the child in ABA therapy

pursuant to Orders of the Court previously entered at such time that insurance is secured is

addressed as follows: There is no objection by plaintiff. The parties agree that Hayden

shall have ABA therapy. The parties shall cooperate in obtaining ABA therapy in both

homes. The ABA therapy shall begin gradually per the recommendations of Dr. Atanasio

there shall be a plan and established goals to implement the ABA therapy for a specifically

defined period. After 90 days of ABA therapy, and each 90 days thereafter, a report shall

be generated by the ABA therapist and provided to the court, the parents and Hayden’s

treating doctors (pediatrician, therapist and psychiatrist).

5. Plaintiff’s request for an order denying defendant’s custody application is addressed

above.

6. Plaintiff’s request for an order requiring defendant to complete the psychological

evaluation as set forth in the Orders of Judge Linda Grasso Jones is GRANTED as

follows: Defendant shall be evaluated to investigate possible underlying conditions for her

emotionally charged and unregulated behavior toward plaintiff, her tendencies toward

cyclic emotional outbursts, recurring and problematic information processing issues. The

neurological evaluation did not address neuropsychological issues and did not address any

of the concerns in the Order of 8August 28, 2014. The neurologist’s evaluation did not

rule out the need for a psychiatric evaluation, and it does not appear the doctor had the

relevant facts and information upon which to form an opinion as to the need for

psychiatric evaluation. Defendant has not furnished proof that she has obtained Cognitive
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Behavior Therapy for the acquisition of adaptive problem solving strategies and

responses. There has been no proofs provided that this has been engaged, and if not,

defendant shall engage this therapy. In addition, given the recent developments since

March 5, 2021, this court Orders that defendant present to a neuropsychological

evaluation for the purposes set forth in the August 28, 2014 Order, and that the

neuropsychologist shall be presented with Dr. Baszczak’s report, the Order and Opinion of

August 28, 2014, and all Orders since August 28, 2014 relevant to custody (including

treatment or ABA therapy for Hayden) and parenting time. The neuropsychologist shall

be authorized to obtain collateral information from plaintiff as Ordered by Judge Grasso

Jones on June 21, 2016. As stated in the Order of August 28, 2014, the neuropsychologist

report shall address whether a psychological report should be conducted.

7. Plaintiff’s request for an order requiring defendant to engage in the cognitive therapy set

forth in the Orders of Judge Linda Grasso Jones and to provide verification that she is

engaged in the program is GRANTED.

8. Plaintiff’s request for an order requiring defendant to engage in anger management

therapy as set forth in the Orders of the court and provide verification that she is engaged

in the program is DENIED WITHOUT PREJUDICE. This court is unable to find an Order

requiring defendant to engage in anger management. If the neuropsychological or

psychiatric evaluation recommends anger management, this issue may be revisited.

9. While the Order of August 28, 2014 allowed defendant to select the professional, herself,

this court finds based on what was selected and submitted by defendant as a report

satisfying the Order that the professional shall be selected by this court. The court directs

that by April 1, 2021 defendant shall propose the names of 3 professionals who may be
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considered to conduct the evaluation, on notice to plaintiff. The court will select from

among the three proposed. The report shall be conducted within 60 days.

10. Plaintiff’s request for an order that the Division of Child Protection and Permanency shall

release any and all records of the investigation of either party for an in camera review by

the court and for distribution to Counsel as the Court deems appropriate is DENIED

WITHOUT PREJUDICE. The Attorney General, as counsel for the Division of Child

Protection and Permanency, was not noticed of this application. Therefore, without notice

to DCP&P, a necessary party, the court cannot grant this requested relief. Plaintiff may

refile this request on notice to the Division and Attorney General.

11. Plaintiff’s request for an order that any recommendations made by the Division of Child

Protection and Permanency as to visitation of the minor child by the defendant be

implemented is DENIED WITHOUT PREJUDICE. This court is not aware of any such

recommendations prior to the motion. Subsequent to the motion, an application by each

party was filed for emergent relief by way of Order to Show Cause, and a DCP&P

investigation is presently pending. This paragraph does not address any future

recommendations or involvement which may arise as a result of DC&PP’s current

involvement.

12. Plaintiff’s request for an order that the visitation schedule presently in effect be modified

to allow each party two weekends a month instead of the one for plaintiff is DENIED

WITHOUT PREJUDICE.

13. Plaintiff’s request for an order requiring defendant to pay his counsel fees and costs as

assessed by Judge Justus previously shall be addressed during the pending trial on cause

of action and economic issues incident to the dissolution of the divorce.

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14. Plaintiff’s request for an order that child support be reinstated in that defendant claims to

have resolved her bankruptcy and has not paid child support in more than five years is

addressed as follows: child support shall be addressed at the divorce trial where all

economic issues shall be considered. addressed and the court can determine a proper

Mallamo adjustment.

15. Plaintiff’s request for an order granting sole Legal Custody of the minor child to plaintiff

is DENIED WITHOUT PREJUDICE.

16. Plaintiff’s request for an order that this action be bifurcated to allow the cause of action

for Dissolution of the Marriage to be completed independent of any financial resolution is

DENIED. The court anticipates a trial on the economics to be conducted imminently and

schedules a trial for May 24-28, 2021. Briefing and pretrial exchanges have been

provided in March 2020. Counsel shall jointly meet and confer (virtually) to update any

needed items and exhibit lists. Updated Case Information Statements shall be filed by

May 3, 2021. Updated sealed settlement proposals shall be filed by May 3, 2021. Trial

shall commence with each party’s cause of action for divorce, followed by each party’s

case in chief regarding economic issues (equitable distribution, alimony, child support,

Mallamo adjustments, counsel fees). A supplemental Pretrial Order and Order on

electronic submission of evidence is attached to this Order.

17. Counsel fees sought in this motion, the applications for relief by way of Orders to Show

Cause, and in general shall be addressed as part of the trial.

18. Both parents shall engage in co-parenting counseling. They shall each select 3 proposed

counsellors and exchange them with counsel. If they cannot agree on a counselor, the

names will be submitted and the court will pick.

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19. Service as Follows: A copy of this Order shall be provided electronically to all interested

parties within seven (7) days.

Hon. Angela White Dalton, J.S.C.

The court delivered an oral opinion pursuant to R. 1:6-2(f) on March 12, 2021 in the presence of
both parties and counsel.
Prepared by the Court

PRETRIAL SUPPLEMENTAL ORDER

1. This Order supplements the Order scheduling trial in this matter. The following materials

shall be required as to pretrial submissions:

a. No less than 10 days before trial, each party must submit a Trial Memorandum,

which shall include a brief statement of the case, a list of the settled issues and a

recitation setting forth the unresolved issues together with the proposed disposition.

With respect to the unresolved issues, counsel shall include, in a separate section for

each issue, the factual and legal contentions. References to supporting case law and

statutory references, or other authority, are to be cited with specificity.

b. Counsel/or self-represented litigants shall also include a statement as to any

outstanding discovery or procedural matters, or particular evidential issues, together

with a supporting memorandum.

c. The form and substance of the brief must include:

i. Format requires double-spacing, et al., as per R. 1:4-9, et seq.

ii. Issues not briefed with specificity are deemed waived.

iii. Prior orders, where relevant, must be referenced in terms of specific

provisions.

iv. Applicable FV and FD files must be obtained, via notice to the Clerk’s
office and referenced in the brief.

v. Estimated length of trial.

vi. Child support guideline calculations must be annexed, with an

explanation regarding any variable factors which have not been
stipulated, e.g. income, child care, other child support orders, et al.

vii. If there is no agreement with regard to custody and/or visitation

(parenting time), you must submit a written, comprehensive custody
visitation plan (CVP) pursuant to R.5:8-5.
 viii. Tax consequences must be addressed with calculations, with respect to
alimony, child support and, where applicable, equitable distribution.

ix. Stipulations must be listed.

x. Issues that have been settled, previously decided or withdrawn must be

stated.

xi. Each issue must be separately addressed in its own section of the brief
with fact and law. For example, an alimony claim must address each
of the statutory criteria, the applicable law relied upon, and the specific
factual basis, including but not limited to the needs of the petitioner,
the gross and disposable income of each party, the needs of the obligor,
the fax consequence calculations, and the independent assets of each
party.

d. In addition to the memorandum, a witness list must be included, together with a

summary of the expected testimony of each witness. If an expert is involved, a copy

of the report must be annexed unless already filed. Witnesses not previously disclosed

in discovery and reports not previously provided may be barred. Therefore, a

memorandum must be provided to support any such application at trial.

e. Exhibits must be pre-marked and identified, and a summary list provided indicating

any stipulations or objections between counsel. Each exhibit must have a short title

for the record. Each party shall also file an updated Case Information Statement.

f. Pursuant to Evidence Rule 1006, when multiple bills are being presented to the Court

for consideration, counsel must provide an Excel spreadsheet listing all bills by

provider, payment made, and a summary of the total amount of each category of bills.

g. Counsel fee applications must be addressed by a fee certification and adherence to R.

5:3-5, R. 4:42-9(b) and RPC 1.5(a). Disclose amounts paid-to-date, amount owed and

have a copy of the retainer agreement annexed. This section must also include a

factual and legal argument with reference to the statute and case law, together with a

2
 financial analysis based upon the incomes and assets of the parties. If only one party

is seeking an award of fees, the other party must still submit this information so that

the court can consider the totality of fees incurred.

2. The materials required by the Court must be filed no less than ten (10) days prior to the trial.

A copy of the trial memorandum, witness lists, expert reports, exhibit lists, and pre-marked

exhibits must be served on the opposing counsel at the time of filing with the Court.

3. Both parties shall provide the court with a sealed settlement proposal representing the terms

upon which they are willing to settle before trial. The Court will not open these envelopes

unless the matter is tried and only after the court’s only remaining issue to decide is counsel

fee award(s), if any.

4. Due to virtual protocols, all submisshions shall be filed via JEDS (Judicial Electronic Filing

System). Any filing deadline shall be as of 4:30 p.m. to JEDS on the date due.

5. This Order was served on both attorneys on this date by fax or mail, or both by chamber’s

staff.

____________________________
Hon. Angela White Dalton, J.S.C.

3
 SUPERIOR COURT OF NEW JERSEY
MONMOUTH VICINAGE
Chambers of Monmouth County Courthouse
HON. ANGELA WHITE DALTON, 71 Monument Park
J.S.C. Freehold, New Jersey 07728
(732) 358-5308

NOTICE

FILING, USE AND/OR SUBMISSION OF EXHIBITS FOR JUDGE DALTON’s VIRTUAL

COURTROOM SESSION
In order to ensure that the court, court staff, counsel, and other parties have access to electronically
filed and/or submitted exhibits, the following requirement apply to their filing, submission and use in
a Virtual Courtroom proceeding before the Hon. Angela White Dalton, J.S.C.

1. Protocol for Pre‐Hearing Submission of Evidentiary Exhibits
a. The submission of the Electronic evidence files should normally occur after the parties are
reasonably sure that the lists are complete to avoid a piecemeal submission of files to the
court.
b. Counsel or moving party must pre‐mark all Evidentiary exhibits – documentary, audio,
video – using the following naming convention. Plaintiff’s Exhibit: P‐1; Defense Exhibit: D‐
1; Joint Exhibit: J‐1;
c. File Type Requirements ‐ All Electronic exhibits are to be submitted only in these formats

Exhibit Types  Allowable File Types 

Documents  .pdf 

Images, Pictures  .jpg, gif, .png, .pdf  
Audio Recordings  .avi, .mpg, .mp3, .mp4 

Video Recordings  .avi, .mpg, .mp3, .mp4  

d. Exhibit  files  are  not  to  be  encoded  with  any  proprietary  software,  and  they  must  be
readable by computers running Microsoft Windows software without the need to install
any additional proprietary tools.
e. File sizes are not to exceed 500MG. Exhibits exceeding this size must be separated into
smaller files. Images may be reduced in size by reducing their dimensions, usually with
minimal effect to viewing quality.
f. Documents and images must be properly oriented for viewing.
 g. At least ten (10) days prior to the scheduled hearing/event, all submissions must be filed
with the court in conformity with all applicable Court Rules. For domestic violence trials
or other summary proceedings (including Orders to Show Cause) the court may permit a
shortened time (24 hours before). In a plenary FM pre or post‐judgment hearing, dates
will be different. Please familiarize yourself with them.
h. All submissions must be electronically sent via email with the necessary attachments to
the  opposing  counsel,  law  clerk  ([email protected])  and
secretary ([email protected]) and filed via JEDS.
i. It is the responsibility of each counsel or party to make sure on the day of the hearing all
submitted exhibits are readily accessible and available electronically to counsel, client,
any other interested party such as expert witness, victim, detective etc.
j. The court will have all previously submitted Exhibits readily available electronically for
its use.
k. Submission  of  noncompliant  exhibits  will  result  in  delay  of  proceeding.  If  the  court
determines that a submitted exhibit does not meet the above requirements, the court
will request that it be refiled in a format that complies with the above requirements.

2. Protocol  for  Use  and  Submission  of  Evidentiary  Exhibits  during  the  Virtual  Courtroom
Hearing
a. All parties, including the non‐moving party, prior to the start of the Virtual Courtroom
proceeding must have all exhibits uploaded to their respective electronic devices.
b. The Court expects no delays from party’s failure to strictly adhere to the electronic exhibit
submission protocols and/or the use of proper electronic Exhibit formats during a Virtual
Courtroom proceeding.
c. If it becomes necessary at the hearing, additional exhibits which (i) with  due diligence
could not have been made available to the moving party prior to the hearing; or (ii) the
moving party didn’t reasonably anticipate using it at the hearing; or (iii) for other good
cause shown satisfactory to the court, may be submitted by the parties to the court. The
court may adjourn the matter to permit the moving party to e‐file Exhibits in accordance
with  the  protocols  set  forth  above,  or  the  court,  within  its  discretion,  may  proceed
otherwise.  The  file  type, format  and size  requirements  outlined  above for  Pre‐Hearing
Submissions still apply and the electronic exhibit file(s) submitted to the court must also
be electronically sent via email with the necessary attachments to the opposing counsel,
law clerk ([email protected]) and secretary ([email protected]).

Date:effective 2/1/21