Breen v. Black
Annotate this CaseWhen Theresia Breen and Jamie Black divorced, Black was required to provide medical insurance for the parties’ four girls. The decree required the parties to split any medical costs remaining after deductibles were paid by Black and the insurer satisfied its obligations under the policy equally. In 2012, Breen filed a motion seeking Black’s share of medical expenses she had paid incurred for the children. Black paid the requested amount. In 2014, Black filed a motion seeking have Breen held in contempt for failing to pay her required half of the children’s medical expenses that were not paid under his health insurance policy. The district court held Breen in contempt and entered judgment against Breen for the $6,075 it determined she owed Black. The Supreme Court (1) affirmed the civil contempt order except for that portion issuing a judgment to Black for $6,075; and (2) reversed the award of $6,075 because it included amounts Black was barred from seeking due to his failure to prove them after raising them in the 2012 proceedings. Remanded with instructions for the district court to recalculate the amount owed by Breen and to amend its order.
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