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LOYKO v. LOYKO

200 N.J. Super. 152 (1985)

490 A.2d 802

MARLANE LOYKO, PLAINTIFF-RESPONDENT, v. DAVID S. LOYKO, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided April 10, 1985.

Attorney(s) appearing for the Case

Blumberg & Rosenberg, attorneys for appellant (Henry A. Loeb on the brief).

Somerset-Sussex Legal Services, attorney for respondent (Alberta T. Foster on the brief).

Before Judges MATTHEWS, FURMAN and HAVEY.

The opinion of the court was delivered by HAVEY, J.A.D.

Defendant husband appeals from a determination by the trial court that his obligation under a consent provision of the Final Judgment of Divorce to make payments on a second mortgage which encumbered the former marital home is not dischargeable in bankruptcy. The issue is whether the obligation is in the nature of support or is part of the agreed disposition of the marital assets. The trial court concluded that...

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