NJSBA Family Law Section

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  • 1.  stupid question

    Posted 03-17-2016 04:10 PM

    If there's no PPR, is there no "first $250 deductible" obligation?

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    Mary Jane Leland Esq.
    Leland Law Firm, LLC
    Freehold NJ
    (732)409-7777
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  • 2.  RE: stupid question

    Posted 03-17-2016 04:21 PM
    The recipient of the CS obligation (as calculated pursuant to the the guidelines) has to pay the first $250.00 per child, per year for unreimbursed medical expenses.  I don't think the Benisch/Deffler cases modified this for a 50/50 parenting time arrangement.


    Gregory Thomlison, Esq.
    Kerr & Thomlison, L.L.C.
    650 Washington St.
    Suite 1C
    Toms River, NJ 08753
    Ph. (732) 736-8100

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  • 3.  RE: stupid question

    Posted 03-17-2016 05:15 PM
    Disagree that it's a stupid question. I think it was discussed here on the list a while ago - you can check the archived questions on the website.

    First, we need to get rid of this $250 per year nonsense in every case. It predates the days of software being used widely (remember when we'd pull the book and look up the table?) and was a "round number" to use. Medical costs are, I believe 4% (or whatever the exact number is) of a child support obligation. If someone is receiving low support, say $1200 per year, $250 is eating 20% of the CS award. If someone is receiving $12,000 per year, $250 is taking 2%. Only someone receiving exactly $24,000 per year is spending the allocated amount of support on unreimbursed medical expenses.

    With computers today, a line item can calculate the 4% amount and add into a support order: "XX.  The PPR shall be responsible for unreimbused medical expenses in the amount of $XXX per year. Expenses in excess of this amount shall be divided in proportion to the incomes reflected herein, or XX% PPR, XX% PAR." This would obviously not be complex programming.


    As to the question - it depends. As above, unreimbursed is supposed to be 4% (or whatever the current % is) of the award. If there's no PPR, then I'd adjust the number to equal the percentage and do what's fair (with this as a guideline).


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  • 4.  RE: stupid question

    Posted 03-18-2016 04:55 PM

    Thank you very much!!

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    Mary Jane Leland Esq.
    Leland Law Firm, LLC
    Freehold NJ
    (732)409-7777

    Original Message