Konczyk v. Konczyk

843 A.2d 1190, 367 N.J. Super. 551, 2003 N.J. Super. LEXIS 419
CourtNew Jersey Superior Court Appellate Division
DecidedApril 17, 2003
StatusPublished
Cited by5 cases

This text of 843 A.2d 1190 (Konczyk v. Konczyk) is published on Counsel Stack Legal Research, covering New Jersey Superior Court Appellate Division primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Konczyk v. Konczyk, 843 A.2d 1190, 367 N.J. Super. 551, 2003 N.J. Super. LEXIS 419 (N.J. Ct. App. 2003).

Opinion

SUTER, J.S.C.

The question raised by this post-judgment motion is whether plaintiff Patricia Konczyk, the decedent’s ex-wife (“plaintiff’ here[553]*553in), is entitled to receive $15,000 in life insurance proceeds when under the Final Judgment of Divorce, only $2,000 in alimony remained to be paid to her at the time of the decedent’s death. This appears to be a question of first impression in this State.

Plaintiffs post-judgment motion seeks $15,000 in life insurance benefits and requests a lien in this amount against the proceeds of any life insurance policies or against any property of the decedent’s estate. Plaintiff also seeks $5,000 from the estate for a savings passbook account in this amount, which she claims was opened by the defendant for her. Plaintiff requests attorney’s fees and costs for filing this motion.

The executrices of the estate entered an appearance herein, although neither lives in New Jersey. They request that plaintiffs motion be denied or that plaintiff provide proof of the life insurance policy. They also seek costs for this motion. They appeared pro se.

1. The Insurance Issue

The parties were divorced by Final Judgment of Divorce filed on April 8, 1996. The actual settlement was placed on the record before the Court on February 20, 1996. This Court has determined that the recording of the proceeding has been destroyed. Both parties were represented by counsel. The Final Judgment of Divorce addressed certain real property owned by the couple, allowed plaintiff to retain $44,000 “she took at the time of the separation”, allowed the defendant to retain one hundred percent (100%) of the “Harris 401K”, addressed household possessions and cars and provided that forty percent (40%) of defendant’s pension was to go to the plaintiff and forty percent (40%) of the plaintiffs pension was to go to the defendant. This division was to be made by a qualified domestic relations order.

Of relevance here, the defendant was to pay alimony directly to plaintiff as follows:

$200 per month for five years, upon the signing of the Final Judgment of Divorce, and thereafter, $100 per month until such time as the plaintiff reaches the age of 65 [554]*554years. In the event the plaintiff remarries, defendant’s obligation as to alimony shall cease. [Final Judgment of Divorce, paragraph F],

The Final Judgment further provided:

The plaintiff shall retain the life insurance policies in her possession and defendant hereby waives his interest in same. Defendant agrees that within ninety days from the signing of the Final Judgment of Divorce, he shall produce proof of $20,000 worth of life insurance, or its equivalent, for the plaintiffs benefit to remain in effect until the defendant’s death. When defendant’s obligation to pay alimony decreases to $100 per month, after five years from the date of this Judgment, defendant’s alimony protection shall be reduced to $15,000 in life insurance. In the event that the defendant’s obligation as to alimony ceases, the defendant’s obligation to produce said proof of life insurance or its equivalent shall also cease. [Final Judgment of Divorce, paragraph H].

The defendant passed away on December 5, 2002. The plaintiff certified that upon the defendant’s death, she contacted Metropolitan Life Insurance Company regarding the insurance and was advised that the couple’s two children, Shirley Konczyk and Dianna Robbins, had been named as beneficiaries — rather than the plaintiff. Plaintiff asserts that this change was made January 3, 2001. Plaintiff determined this when she made a claim for the death benefits. This was the first she was aware that her daughters were named as the beneficiaries, rather than her.

When the post-judgment motion was originally filed, plaintiff failed to provide the Court with information regarding her age, marital status or the amount of alimony owed. This information was supplied after oral argument. Plaintiff contends she received alimony through December 2002, but beginning January 2003, no alimony payments have been made. She has not remarried and currently is 63. She will turn 65 on August 13, 2004. Thus, if the defendant were alive, she would continue to receive alimony through August 2004. The Court calculates that this would amount to $2,000 more in alimony payments.

Plaintiff did not produce a copy of any insurance policies in connection with this motion. At oral argument, the Court learned that there is more than one policy, the combination of which may equal or exceed $15,000. We do not know the type of policy (term life, whole life, etc.), whether there were loans against the policies or why the beneficiary was changed. At the time of oral argu[555]*555ment, the policies had not been paid because there is an issue regarding defendant’s cause of death.

Plaintiffs annual income is $33,000. Her legal fees and costs for this motion are $930.

Plaintiff contends she is entitled to $15,000 because this is the amount of the insurance set forth in the Final Judgment of Divorce for plaintiff’s benefit. Plaintiffs counsel, who represented her when the Final Judgment of Divorce was entered, asserted at oral argument that the face amount of the insurance was already reduced from $20,000 to $15,000 by the Final Judgment, and there was no intent to reduce it to equal the amount of alimony actually owed. If this were the case, he argued, then the insurance policy would have continued to reduce as the alimony amount became less. Plaintiffs attorney contends that the $15,000 policy was part of the bargained for exchange in the divorce settlement. As noted, the tape of the settlement before Judge Schlesinger no longer exists.

Shirley Konczyk and Dianna Robbins are the executrices of defendant’s estate. Although the estate is not a party here (plaintiff filed this action against defendant), they both personally appeared March 7, 2003 for oral argument. As such, they submitted to the jurisdiction of this Court. See R. 4:4-6. They could not tell the Court why their father had changed beneficiaries on the life insurance. He had not discussed this with them, nor had he discussed with them whether the full amount of the policy was to be paid to plaintiff. The proceeds have not yet been paid out due to the issue regarding defendant’s cause of death, according to the executrices. The executrix, Ms. Robbins, certified she has not had any relationship with her mother (plaintiff) since 1982. Ms. Robbins contends that the plaintiff has harassed both she and her sister, Shirley, for money and personal effects since the passing of the defendant.

The estate contended plaintiff has not shown proof that she was the beneficiary under the policy, or that she was made the beneficiary within ninety (90) days as required by the Final [556]*556Judgment of Divorce. The executrices are not sure what was intended by the Final Judgment of Divorce. They are not represented herein. They believe the Final Judgment of Divorce could also have meant that plaintiff receive insurance just in the amount of alimony due her i.e., $2,000.

2. Passbook Account

Also at issue in this post-judgment motion is a $5,000 passbook account. The Final Judgment of Divorce does not provide for a $5,000 passbook account.

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843 A.2d 1190, 367 N.J. Super. 551, 2003 N.J. Super. LEXIS 419, Counsel Stack Legal Research, https://law.counselstack.com/opinion/konczyk-v-konczyk-njsuperctappdiv-2003.