Topham-Rapanotti v. Gulli

Topham-Rapanotti v. Gulli, 289 N.J. Super. 626, 674 A.2d 650 (Ch.Div.1995) involved a support obligor whose application for a change of circumstances modification was based upon his loss of income by reason of his incarceration for a crime. Id. at 628, 674 A.2d 650. The Court held that a payor was not entitled to relief from child support obligations by reason of his incarceration for a crime, although payment should be suspended while he remained incarcerated, i.e., his arrearages would continue to accrue. Id. at 634, 674 A.2d 650. In Topham-Rapanotti, the court viewed the commission of a crime resulting in incarceration as voluntary conduct, and adopted the reasoning of courts in other jurisdictions that, irrespective of the payor's lack of assets, id. at 633, 674 A.2d 650, "'a court must deny a petition for modification if the change in the party's financial condition is the result of the party's voluntary wastage of his or her own talents and assets.'" Id. at 632, 674 A.2d 650.