Fourth Department – Lomaglio v. Lomaglio

Appellate Division, Fourth Department

Divorce

Medical Insurance – Medicaid and Double Coverage

Lomaglio v. Lomaglio

CA 14-02297

Appealed from Supreme Court, Monroe County

Background: In this post-divorce action, the defendant moved for an order to hold the plaintiff in contempt for failing to provide medical insurance coverage previously ordered by the court. The parties appeal from an order that denied the defendant’s motion except to the extent that it directed the plaintiff to pay some of the defendant’s counsel fees and costs.

Ruling: The Appellate Division held that the record established that the court, in its written decision following a hearing, properly acknowledged its obligation to direct the plaintiff to pay for medical insurance coverage, but further explained that it lacked the evidence to direct plaintiff a specific amount. However, because the plaintiff is receiving Medicare, the plaintiff is not obligated to provide the defendant with “double coverage.” Therefore, the Appellate Division modified the order and directed the plaintiff to pay the costs associated with a Medicare Advantage plan as agreed upon by the parties.

Richard S. Levin for the defendant-appellant-respondent; Terrence C. Brow-Steiner of the Odorisi Law firm for the plaintiff-respondent-appellant