MICHELE SPANO-TERLIZZI VS. LEE SPANO (FM-08-0812-13, GLOUCESTER COUNTY AND STATEWIDE), A-0378-15T3

Parties divorced in 2010; two children (then ages 12 and 16). Mother is primary custodial parent and remarried to Michael Terlizzi.
Marital settlement required father to provide health insurance; he lost employer coverage in Dec. 2013. Terlizzi added the children to his business-provided plan.
In June 2014 the premium for the children rose substantially. Mother sought reimbursement for premiums since June 1, 2014 and an increase in child support; father cross-moved.
Father alleged Terlizzi’s business (not Terlizzi personally or the mother) paid the premiums and may have deducted the cost as a business expense, reducing or eliminating any out-of-pocket cost to the mother.
The Family Part ordered father to reimburse past premiums, declined to compel him to pay current premiums, and recalculated support by assuming the mother paid $130/week for both children’s insurance, raising father’s obligation to $391/week.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether court properly included $130/week for children’s health insurance as mother’s out-of-pocket cost in child support computation	Spano-Terlizzi: she paid the premiums for the children and those costs should be credited to support calculation	Spano: premiums were paid by Terlizzi or his business; mother may have paid little or nothing out of pocket, so insurance cost should not be credited to her	The court’s support order treating the mother as paying $130/week is vacated and remanded because the record does not resolve whether mother actually bore the cost; trial court must determine the actual premium cost to the mother and recompute support

Cesare v. Cesare, 154 N.J. 394 (1998) (trial court factual findings are binding if supported by substantial credible evidence)
Gnall v. Gnall, 222 N.J. 414 (2015) (deference to family court fact-finding)
N.J. Div. of Youth & Family Servs. v. E.P., 196 N.J. 88 (2008) (appellate review when findings are clearly mistaken)
N.J. Div. of Youth & Family Servs. v. G.L., 191 N.J. 596 (2007) (standards for intervening in family court findings)
Manalapan Realty, L.P. v. Twp. Comm. of Manalapan, 140 N.J. 366 (1995) (no special deference to trial court legal conclusions)
Milne v. Goldenberg, 428 N.J. Super. 184 (App. Div. 2012) (plenary hearing generally required for disputed material facts)
Harrington v. Harrington, 281 N.J. Super. 39 (App. Div.) (not all factual disputes require a plenary hearing)