New Jersey Appellate Division Upholds Reimbursement of Educational and Medical Expenses for Parties’ Daughter
Docket No. A-1362-23
Decided May 30, 2025
Submitted by New Jersey Family Lawyer, Jeffrey Hark.
The Appellate Division of New Jersey in a recent unpublished decision affirmed a trial court’s decision to reimburse mother for half of educational and medical expenses for the parties’ daughter.
In T.S. v. D.K., In 2015, the parties were divorced by a Dual Final Judgment of Divorce which incorporated a Marital Settlement Agreement (MSA). In 2017, the parties modified the MSA by a consent order, which incorporated a Modification Agreement (MA). The MA stated in pertinent part that “the parties shall share the cost of the children’s extra-curricular expenses in proportion to their pro rata share of income.” The MA stated the parties share of income to be fifty percent each. The MA further defined extracurricular activities as “academic, sports, music, religious and other activities relating to the children.” In a 2020 consent order the parties agreed to share equally in the children’s unreimbursed medical and extracurricular expenses.
Defendant wife eventually brought a motion to reimburse medical and educational expenses. Plaintiff husband did not deny his obligation to reimburse half of these expenses under the MSA, however, disputed the amount, providing proof of different amounts being discussed, claiming he was unable to afford it. Nonetheless, the trial court entered an order requiring Defendant to reimburse half of the total amount Defendant was seeking.
Plaintiff filed an appeal indicating he never agreed to pay the total amount Defendant was requesting. The Appellate Division affirmed the decision, finding Plaintiff had agreed he could pay one half of the expenses. The Appellate Division also denied Plaintiff’s various additional grounds for appeal, including judicial bias and a request for an equal amount of parenting time. Plaintiff was pro se, self-represented.
Family court judges in New Jersey are given a great amount of deference on appeal for their decisions. This is because the trial courts have the ability to assess credibility and get a feel for the case, something that the Appellate Division does not have the ability to do. Accordingly, it is important to present your case with all necessary evidence and testimony at the trial level. Usually assistance of an attorney is important, otherwise the application could result in a situation like Plaintiff’s, possibly requiring someone to pay expenses outside their financial means. Contact the experience attorneys at Hark & Hark if you have any questions about custody, parenting time, unreimbursed medical expenses, college costs, alimony, child support, and more.
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