New Jersey Appellate Division Upholds Sanctions for Failure to Pay College Expenses

Dmitry Korsunsky v. Svetlana Kurinsky

Docket No. A-2504-22

Decided October 16, 2024

Submitted by New Jersey Divorce Lawyer, Jeffrey Hark.

The Appellate Division of New Jersey in a recent unpublished decision affirmed a trial court’s decision to sanction plaintiff for failing to pay certain college expenses contained in a prior order.

In Korsunsky v. Kurinsky, married in 1998, the parties had one child, a daughter born in 2000. Id. at 2. A May 7, 2007 dual final judgment of divorce dissolved the marriage and incorporated the parties’ PSA. Ibid. Relevant here, the PSA included provisions for sharing the children’s college expenses.

Defendant sought reimbursement of $8,886.58 for: the child’s moving expenses from one apartment in California to another; fees for the new apartment; rent expenses for summer 2021 classes; and college expenses incurred from September to December 2021 and January to June 2022. Defendant also requested the sanctions for plaintiff’s failure to pay these expenses pursuant to the February 21, 2020 order, providing plaintiff be responsible for 80% of college expenses.

Plaintiff opposed the motion, certifying defendant “repeatedly requested” payment for “unreasonable expenses” that fell outside the ambit of the February 21, 2020 order. He therefore asserted defendant sought sanctions “in bad faith.” Plaintiff acknowledged the court’s prior orders required payment of the child’s expenses, but claimed “the amount [he] was ordered to pay was far, far less than the perverse amounts demanded by [d]efendant in her previous motions.”

The Court granted defendant’s motion and sanctioned plaintiff $25 per day for continued failure to abide by his financial obligations.  Plaintiff appealed and the Appellate Division upheld the judge’s decision, including the sanctions, except for a paragraph pertaining to college expenses in which defendant claimed at oral argument she wasn’t sure whether the loans were used for the children’s expenses were related to school or not.  The case was remanded on that sole issue and the remainder was upheld.

Family court judges in New Jersey have a wide variety of enforcement mechanisms at their disposal to compel litigants to follow orders.  Once there is a finding of a violation of an order, judges can issue sanctions, suspend driver’s licenses, transfer custody and even incarcerate people.  Compliance with Court orders is crucial unless changed circumstances permit a modification. If you have questions about your court order, complying with a court order, or modifying an order based on changed circumstances, contact the experienced family attorneys at Hark & Hark today.

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