Ex-Spouse Files For Post-Judgment Modifications Over Health Insurance Reimbursement
- March 1, 2014
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On February 10, 2014, in Moyer v. Brogden, the Appellate Division decided a case involving an ex-spouse who petitioned the court for a post-judgment modification of her divorce judgment which required her to reimburse her ex-husband for health insurance costs which were incurred after their divorce. The parties in this case were issued a dual judgment of divorce with stipulations of settlement in 2008. In the stipulations that were incorporated into their divorce it was provided that the parties would each be responsible for “all health coverage for himself and herself.” In 2012, the Plaintiff filed a motion seeking various forms of relief and the Defendant filed a cross-motion seeking an order requiring the Plaintiff to reimburse him for $11,639.10 that the Defendant had incurred for premiums paid for the Plaintiff’s continued health coverage after the parties were officially divorced in 2008. The Plaintiff asserted that following the divorce she did obtain her own health insurance, but in 2010 while being treated by a chiropractor, the office accidently used the insurance information on file which reflected the Defendant’s policy information. Further, the Plaintiff claims that this could have been avoided if the Defendant was diligent in removing her from his policy. The trial court ordered the Plaintiff to reimburse the Defendant for the healthcare fees, notably because she failed to assert or prove that she made an attempt to update her insurance information with her new heath care provider so the proper insurance company could have been billed for the professional services she admitted to receiving. The Appellate Court affirmed the lower court’s ruling and awarded the Defendant the reimbursement fees that he was seeking. In its holding, the Appellate Court ruled that the Plaintiff’s arguments lacked sufficient merit to warrant further discussion and the lower court’s decision was amply supported by the evidence in the record and by the applicable legal principles. If you anticipate that you may want to petition the court for a post-judgment modification of your divorce judgment, alimony award, or child support obligation it is critical that you seek out the advice of an experienced attorney before moving forward. For more information about post-judgment modifications, divorce, alimony, child support, or other family law matters in New Jersey visit HeatherDarlingLawyer.com. This blog is for informational purposes and in no way intended to replace the advice of an attorney.