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ROBERTS v. ROBERTS

908 A.2d 1273 (2006)

388 N.J. Super. 442

Jeffrey ROBERTS, Plaintiff, v. Donna ROBERTS, Defendant.

Superior Court of New Jersey, Chancery Division, Family Part, Mercer County.

Decided April 7, 2006.

Attorney(s) appearing for the Case

John A. Hartmann, Princeton, for plaintiff (Pellettieri, Rabstein and Altman, attorneys).

Frances M. Merritt, Princeton, for defendant.

OSTRER, J.S.C.

The pendente lite motion and cross-motion require the court to apply the Uniform Gifts to Minors Act ("UGMA"), N.J.S.A. 46:38-13 to 41, and the Uniform Transfers to Minors Act ("UTMA"), N.J.S.A. 46:38A-1 to -57. Specifically, may a parent-custodian be compelled to use custodial assets to defray private secondary school costs? The court concludes that the custodian's exercise of discretion is entitled to the same respect accorded a

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