Renee T. Mulvey v. Michael J. Mulvey (2011)

MEMORANDUM OF DECISION

This post-judgment matter came before the court for a hearing on a variety of financial disputes on February 10, 2011.   Immediately before the hearing and during the early stages of the hearing, the parties were able to resolve several matters and they are to be commended for that positive result.   The remaining issues revolve around disputes over the reimbursement of child-related expenses and the proper execution of the provisions of the judgment relating to such expenses.   In an attempt to narrow the problem, the court requested counsel to prepare a list of those expenses their respective clients agreed were appropriate for reimbursement and a list of those over which a dispute continues to plague these parties.

After reviewing the different sets of lists and having reviewed the testimony of each party in light of the argument of their counsel, the court finds that the net effect is that the plaintiff owes the defendant the sum of $559.23.¹  The plaintiff, in her prepared lists, acknowledged that she owed her former husband $1,746.99 for expenses he incurred mostly for the benefit of the children.   The court finds that the following additional expenses should be included: ²

PSAT $ 23.00

On line health course $123.00

Driving permit fee $ 40.00

DMV fees $ 18.07

Prescription cost(s) $ 13.07

LAX camp $ 87.50

LAX stick $ 67.50

Field hockey stick $ 60.00

Total $432.14

The additional items total $432.14.   Adding this amount to the former amount results in a total reimbursement obligation of $2,179.13.

The defendant's accounting indicated that he agreed he owed the plaintiff $1,343.90.   The court finds that the following additional expenses should be included:

Computer repair $ 65.00

Field trip $ 87.50

School pictures $ 29.50

Fieldtrip $ 11.00

School pictures $ 40.50

Field trip $ 42.50

Total $276.00

The additional items total $276.00 and when added to the former amount results in a total claim for reimbursement of $1,619.90.   The difference between the two claims for reimbursement results in the net payment to the defendant of $559.23.

The court cannot find either parent in contempt based on this dispute.   Each party felt that they were participating in a reasonable manner based on their understanding of the judgment provisions.   Part of the problem lay in the language and that was clearly recognized by the parties.   The court, in these orders, will attempt to provide a reimbursement format that is more precise and less subject to conflict.   The parties must understand, however, that regardless of how careful a judge might construct a reimbursement system, a bright person will be able to find an area which might be contested, a reading that might form the basis of an argument, or a grey area of interpretation.   It is their responsibility as loving parents of these young ladies to approach this system with good faith and reasonableness.   An understanding that petty disputes over a few dollars is only likely to poison the parental/child relationship for the entire family will go a long way in resolving minor disputes and avoiding further court involvement and its accompanying expenses.

After hearing the motions presented and considering all appropriate statutory and case law, the court HEREBY ORDERS:

1. The plaintiff is to pay to the defendant the sum of $559.23 as full and final settlement of all reimbursement disputes as of February 10, 2011.   Said payment is to be made out of the remaining escrowed funds.   If a balance remains after such disbursement, that balance should be paid within sixty (60) days.

2. No attorneys fees are ordered.

3. Future expenses and reimbursements shall be made in accordance with the following provisions:

a.  The requesting party shall provide the other party with its request for reimbursement at least quarterly.   Such request must include sufficient documentation so the other party can reasonably determine the cost of the service, the nature of the service, the amount of insurance coverage, if any, and the amount being sought from that party.

b. The other party must advise the requesting party of any objections to a reimbursement claim within ten (10) days of the receipt of the request.

c. The other party shall make the reimbursement within thirty (30) days if the amount being sought is $250 or less.   If the amount is above $250, the other party shall have sixty (60) days to make reimbursement.

d. Failure of either party to comply with the time limits as set forth in §§ ”a,” “b” & “c” above shall result in that party's forfeit of their rights under this provision.   Failure of the plaintiff to make payments within the time limits prescribed shall result in the accruing of interest on the unpaid amount at the statutory rate of 8% per annum.

e. All expenditures not clearly enumerated in the judgment or previously agreed to by the parties in writing, shall only be deemed valid if there is a written agreement as to the expenditure acknowledged by both parties.   Email communications shall be deemed an appropriate vehicle for agreement.

f. Agreement shall not be unreasonably withheld by either party.

4. Any money still remaining in the escrow account may be disbursed in accordance with the earlier agreements and orders of the court.

BY THE COURT,

Adelman, J.

FOOTNOTES

FN1. Clearly this amount is based on the court not approving certain categories of expenses, for example cell phone expenses and haircuts for the children.   This determination does not mean that the parties cannot agree to such expenses in the future;  it only means that the court determines under the terms of the orders in this matter that such expenses are not reimbursable without prior agreement..  FN1. Clearly this amount is based on the court not approving certain categories of expenses, for example cell phone expenses and haircuts for the children.   This determination does not mean that the parties cannot agree to such expenses in the future;  it only means that the court determines under the terms of the orders in this matter that such expenses are not reimbursable without prior agreement.

FN2. All amounts listed are the one-half actually owed by each party to the other and not the full cost of the item.   All amounts are taken from the material prepared by each party through counsel..  FN2. All amounts listed are the one-half actually owed by each party to the other and not the full cost of the item.   All amounts are taken from the material prepared by each party through counsel.

Adelman, Gerard I., J.