03-27-08 A-5679-05T1
In this matrimonial appeal, we hold that the non-custodial
parent's obligation to reimburse the custodial parent for
medical expenses not covered by insurance, should be deemed by a
court reviewing a motion to enforce litigant's rights as an
essential benefit to the parties’ children. The right to
receive these payments belongs to the children, and is therefore
not subject to waiver by the inactions of the custodial parent.
However, the non-custodial parent, from whom reimbursement is
sought, retains the right to question the reasonableness of any
individual medical expense.
On the question of the children's college education, we
remand for the trial court to make factual findings, after
conducting a plenary hearing, guided by the factors outlined in
Gac v. Gac, 186 N.J. 535 (2006) and Newburgh v. Arrigo, 88 N.J.
529 (1982).
We also hold that a mortgage on the former marital
residence, held by one spouse as mortgagee to secure his
equitable distribution interest, may be assigned to a third
party. However, we decline to decide whether the assignee is a
holder in due course, because he was not a named party in the
proceedings before the Family Part.
