CASE: Anderson v Anderson

CITE: AD2d , 646 NYS2d 552 (2d Dept.,1996)

YRS MAR: ?

H AGE: ?

H INCOME: ?

W AGE: ?

W INCOME: ?

CHILD SUPPORT: ?

MAINTENANCE: ?

EXCL OCC: ?

HEALTH/MED INS: ?

DENTAL INS: ?

LIFE INS: ?

COUNSEL FEE: ?

PROP DIST TO W: ?

COMMENT: ["Equitable distribution presents matters of fact to be resolved by the trial court, and its distribution .. should not be disturbed unless it can be shown that the court improvidently exercised its discretion.]

CASE: Anonymous v Anonymous

CITE: NYLJ, 9-6-96, P.26, Col.5, Sup.Ct.,Suffolk Co.,(Lifson,J.)

YRS MAR: 11

H AGE: 30

H INCOME: $60,000.

W AGE: 30

W INCOME: $28,000.

CHILD SUPPORT: $173/wk [4 Ch] + 1/3 of uninsured medical expense [H awarded

custody]

MAINTENANCE: none

EXCL OCC: N/A

HEALTH/MED INS: existing

DENTAL INS: no

LIFE INS: no

COUNSEL FEE: none

PROP DIST TO W: none

COMMENT: [Husband directed to assume all marital debt]

CASE: Anonymous v Anonymous

CITE: NYLJ,6-5-96,P.31,Col.5,Sup.Ct.,Suffolk Co.(Lifson,J.)

YRS MAR: 13

H AGE: 44

H INCOME: $74,000

W AGE: 44

W INCOME: $10,000

CHILD SUPPORT: wife to pay $50/wk [2 ch]

MAINTENANCE: none

EXCL OCC: n/a

HEALTH/MED INS: none

DENTAL INS: none

LIFE INS: none

COUNSEL FEE: none

PROP DIST TO W: 50% of each parties pension and 50% of net proceeds of sale of house; 0% of husbands enhanced earning capacity (worth $158,378)

COMMENT: [wife's contributions rendered valueless by her alienation of children and communications to husbands superiors calculated to destroy his career and enhanced earning capacity as police officer.]

CASE: Bann v Bann

CITE: NYLJ, 8-15-96,P.25,Col.6,Sup.Ct.,Queens Co.(Gartenstein,JHO.)

YRS MAR: 38

H AGE: 66

H INCOME:?

W AGE:?

W INCOME:?

CHILD SUPPORT: n/a

MAINTENANCE: none

EXCL OCC: title to wife

HEALTH/MED INS: none

DENTAL INS: none

LIFE INS: none

COUNSEL FEE: $10,000

PROP DIST TO W: 50% of marital assets

COMMENT: [Where evidence insufficient to value business, court may substitute one years annual earnings; parties to bid for marital residence where husband has his office there]

CASE: Blankenship v Kerr

CITE: AD2d , 639 NYS2d 841 (2d Dept.,1996)

YRS MAR: 3

H AGE: ?

H INCOME: ?

W AGE: ?

W INCOME: ?

CHILD SUPPORT: $25,000/yr (1 ch) +medical expenses + reasonable private school

expenses through college

MAINTENANCE: $850/mo "permanent"

EXCL OCC: ordered sold

HEALTH/MED INS: for wife for 3 years

DENTAL INS: ?

LIFE INS: ?

COUNSEL FEE: ?

PROP DIST TO W: ?

COMMENT: [Not abuse of discretion to refuse to apply statutory child support percentage to total parental income in excess of $80,000]

CASE: Brennan v Brennan

CITE: AD2d ,645 NYS2d 876 (2d Dept.,1996)

YRS MAR: ?

H AGE: ?

H INCOME: ?

W AGE: ?

W INCOME: ?

CHILD SUPPORT: Husband to pay 85% of children's education, tuition, room and board expenses at private school and college

MAINTENANCE: ?

EXCL OCC: title to wife

HEALTH/MED INS: ?

DENTAL INS: ?

LIFE INS: ?

COUNSEL FEE: ?

PROP DIST TO W: Title to home worth $340,000; 50% of third party mortgage.

COMMENT: [improper to direct husband to sign note securing payment to wife of half of mortgage owed by third party from sale of a marital asset. He should be directed to assign half of proceeds from mortgage to wife, so he is not a guarantor of mortgage.]

CASE: Brown v Brown

CITE: NYLJ,3-18-96, P.29,Col.7, Sup.,Ct.,Kings Co.(Harkavey,J.)

YRS MAR: 7

H AGE: ?

H INCOME: ?

W AGE: ?

W INCOME: ?

CHILD SUPPORT: $140/wk (1 ch)+parties to share cost of private school & summer

camp

MAINTENANCE: none

EXCL OCC: no

HEALTH/MED INS: wife to provide for child; parties to split uninsured expenses

DENTAL INS: no

LIFE INS: no

COUNSEL FEE: none

PROP DIST TO W: divided by parties

COMMENT:

CASE: Bullaro v Bullaro

CITE: AD2d , 648 NYS2d 46 (2d Dept.,1996)

YRS MAR: ?

H AGE: ?

H INCOME: ?

W AGE: ?

W INCOME: ?

CHILD SUPPORT: ?

MAINTENANCE: ?

EXCL OCC: title to wife

HEALTH/MED INS: ?

DENTAL INS: ?

LIFE INS: ?

COUNSEL FEE: ?

PROP DIST TO W: 50% of the value of her pension and the entire marital residence

COMMENT: [Equitable distribution of marital residence denied to husband under "clean hands doctrine" considered as "any other" factor under DRL 236[B][5][d]; he testified that on advice of "lawyer friend" he transferred it to wife in 1983 in order to protect it from his judgment creditors].

CASE: Cadet v Cadet

CITE: NYLJ,12-11-96,P.31,Col.6,Sup.Ct.,Rockland Co.(Miller,J.)

YRS MAR: 7

H AGE: 38

H INCOME: $176,900

W AGE: 35

W INCOME: $30,000

CHILD SUPPORT: $2498/mo +86% of unreimbursed medical & dental, + 86% of child care while looking for employment[3 Ch]

MAINTENANCE: $400/wk for 7 yrs from decision + child care

EXCL OCC: ordered sold

HEALTH/MED INS: for children if available through employer

DENTAL INS: for children if available through employer

LIFE INS: $500,000 for wife for 7 yrs; then for 3 children

COUNSEL FEE:

PROP DIST TO W: 50% of marital assets; marital debt to be paid 2/3 by husband and 1/3 by wife

COMMENT: [Wife's law license valued at $77,877 subtracted from husbands enhanced earnings of $348,331 for 3 yrs of residency and board certification (3/7th) and after maintenance deducted - no distributive award; CSSA guidelines amount only applied to first $125,000 of husbands income but his proportionate share of 86% based on his actual income]

CASE: Cerretani v Cerretani

CITE: AD2d , 634 NY2d 228 (3d Dept.,1995)

YRS MAR: 26

H AGE: ?

H INCOME: ?

W AGE: ?

W INCOME: ?

CHILD SUPPORT: ?

MAINTENANCE: ?

EXCL OCC: ?

HEALTH/MED INS: ?

DENTAL INS: ?

LIFE INS: ?

COUNSEL FEE: remitted for findings

PROP DIST TO W: 50% of all marital property; remitted to address value of one business

COMMENT: "marital property" is liberally construed; no credit for "capital loss carry forward" because not the type of property addressed in DRL 236[B][5][d] 10] which only relates to consequences of distribution

CASE: Ciaffone v Ciaffone

CITE: AD2d , 645 NYS2d 549 (3rd Dept.,1996)

YRS MAR: 8

H AGE: ?

H INCOME: $110,378.

W AGE: ?

W INCOME: $0?

CHILD SUPPORT: remitted

MAINTENANCE: $200/wk for 3 years

EXCL OCC: to wife for 3 years

HEALTH/MED INS: ?

DENTAL INS: ?

LIFE INS: ?

COUNSEL FEE: ?

PROP DIST TO W: 40% ($258,603)of marital property

COMMENT: [proper to value business by "discounted cash flow method"; error to direct child support & carrying charges on home. Must subtract annual carrying charges from parties gross income before applying statutory percentages; must reduce "income" by amount of maintenance awarded for purposes fixing child support; purpose of DRL 236[B][5][g] is to prevent arbitrary exercise of discretion and to provide basis for appellate review where

discretion improvidently exercised;where titled spouse engages in active efforts with respect to a nonpassive asset, even to a small degree, the proportionate appreciation in that asset is, to a proportionate degree, marital property]

CASE: Cohen v Cohen

CITE: AD2d , 644 NYS2d 831 (3d Dept.,1996)

YRS MAR: ?

H AGE: ?

H INCOME: ?

W AGE: ?

W INCOME: ?

CHILD SUPPORT: ?

MAINTENANCE: ?

EXCL OCC: title to wife

HEALTH/MED INS: ?

DENTAL INS: ?

LIFE INS: ?

COUNSEL FEE: ?

PROP DIST TO W: marital home

COMMENT: [order of preclusion granted against husband; not error to curtail cross exam of expert where necessary financial information to answer questions was included in records husband failed to disclose; no authority to add penalty of 20% to value of business due to failure to disclose records relative to its value.]

CASE: Costantino v Costantino

CITE: AD2d , NYS2d (2d Dept.,1996) NYLJ,3-26-96, P.33,Col.6

YRS MAR: 29

H AGE: ?

H INCOME: ?

W AGE: 51

W INCOME: ?

CHILD SUPPORT: ?

MAINTENANCE: $5341/mo non-durational

EXCL OCC: ?

HEALTH/MED INS: ?

DENTAL INS: ?

LIFE INS: ?

COUNSEL FEE: to wife

PROP DIST TO W: distribution per agreement

COMMENT: [highly unlikely that wife out of labor force 20 yrs would be able to support self and enjoy marital standard of living]

CASE: Creighton v Creighton

CITE: AD2d , 634 NYS2d 810 (3d Dept.,1995)

YRS MAR: ?

H AGE: ?

H INCOME: $35,000/yr

W AGE: ?

W INCOME: Public Assistance

CHILD SUPPORT: $100/wk to husband (abated 11/89-9/92 & 6/93-2/95)

MAINTENANCE: $100/wk from trial (12/93) to anticipated college graduation date(2/95)

EXCL OCC: ?

HEALTH/MED INS: ?

DENTAL INS: ?

LIFE INS: ?

COUNSEL FEE: $1000 to wife

PROP DIST TO W: ?

COMMENT: [legal fee not to be disturbed unless clearly an abuse of discretion; appropriate to abate child support where no voluntary attempt to reduce income ]

CASE: DeRaffele v DeRaffele

CITE: AD2d , NYS2d (2d Dept.,1996) NYLJ, 12-31-96,P.25,Col.2

YRS MAR: ?

H AGE: ?

H INCOME: ?

W AGE: ?

W INCOME: ?

CHILD SUPPORT: $196/wk

MAINTENANCE: $200/wk for 2 yrs

EXCL OCC: ?

HEALTH/MED INS: ?

DENTAL INS: ?

LIFE INS: ?

COUNSEL FEE: ?

PROP DIST TO W: ?

COMMENT:

CASE: Dunn v Dunn

CITE: AD2d , 638 NYS2d 238 (3d Dept.,1996)

YRS MAR: ?

H AGE: ?

H INCOME: ?

W AGE: ?

W INCOME: ?

CHILD SUPPORT: ?

MAINTENANCE: ?

EXCL OCC: ?

HEALTH/MED INS: ?

DENTAL INS: ?

LIFE INS: ?

COUNSEL FEE: ?

PROP DIST TO W: ? remitted

COMMENT:[ Wasteful dissipation issue remitted for specific findings]

CASE: ES v AS

CITE: NYLJ, 8-9-96, P.22, Col.3, Sup.Ct.,NY Co.(Silberman,J.)

YRS MAR: 26

H AGE: 58

H INCOME: $300,000/yr

W AGE: 52

W INCOME: $68,000/yr

CHILD SUPPORT: $2500/mo [2ch] + 75% of unreimbursed medical costs, including

psychiatric/therapy; 75% of all school expenses , including college and camp for older child; $200/mo for child care for 2 years; 75% of bar mitzvah for son not to exceed $10,000;UGMA account to be used for daughters college.

MAINTENANCE: $2400/mo for 6 years

EXCL OCC: ?

HEALTH/MED INS: no

DENTAL INS: no

LIFE INS: $300,000 for children; $175,000 for wife

COUNSEL FEE: $25,000 to wife; 75% of Law Guardians fee & all of forensic fee

PROP DIST TO W: distributed per stipulation

COMMENT: [child support calculated on combined parental income limited to $150,000]

CASE: Falco v Falco

CITE: NYLJ, 12-4-95, P.31, Col.1,Sup.Ct., Co.(

YRS MAR: 23

H AGE: 47

H INCOME: $152,000/yr net

W AGE: 44

W INCOME: $15,288/yr

CHILD SUPPORT: $325/wk to wife ( 1 child with each parent) + payment of older child' s college tuition

MAINTENANCE: $500/wk for 2 yrs

EXCL OCC: title to wife

HEALTH/MED INS: for wife & children

DENTAL INS: no

LIFE INS: $150,000 for wife & children

COUNSEL FEE: $10,000 to wife

PROP DIST TO W: property valued at $560,999 & cash of $279,000; husband awarded property valued at $840,000 but charged with $279,000 due to wife; Marital property = $1,121,999

COMMENT: [tax exemption to husband; business valued based on "income approach",ie., three times annual income; In event of husbands default, referee appointed to take possession of and sell his real property to effect payment provisions]

CASE: Ferrugiari v Ferrugiari

CITE: AD2d , 641 NYS2d 116 (2d Dept.,1996)

YRS MAR: ?

H AGE: ?

H INCOME: ?

W AGE: ?

W INCOME: ?

CHILD SUPPORT: ?

MAINTENANCE: ?

EXCL OCC: ?

HEALTH/MED INS: ?

DENTAL INS: ?

LIFE INS: ?

COUNSEL FEE: ?

PROP DIST TO W: share of husbands pension

COMMENT: [Where pension in payout and value known, no need for proof of value.]

CASE: Fiedler v Fiedler

CITE: AD2d , 646 NYS2d 839 (2d Dept.,1996)

YRS MAR: 25

H AGE: ?

H INCOME: ?

W AGE: ?

W INCOME: ?

CHILD SUPPORT: ?

MAINTENANCE: ?

EXCL OCC: to wife until youngest child 18

HEALTH/MED INS: ?

DENTAL INS: ?

LIFE INS: ?

COUNSEL FEE: ?

PROP DIST TO W: 50% of value of 6 diamonds and 60% of proceeds of sale of home

COMMENT: [H solely liable for $ 177,000 tax liability for questionable investments in tax shelters without input from wife (wasteful dissipation)]

CASE: Finkelson v Finkelson

CITE: NYLJ, 7-10-96,P.30,Col.4, Sup.Ct.,NY Co.(Andrias,J.)

YRS MAR: 17

H AGE: 49

H INCOME: $1,600,000/yr

W AGE: 50

W INCOME: $25,000/yr

CHILD SUPPORT: $13,000/mo. + tuition, summer camp, extra-curricular,unreimbursed medical, dental and Orthodonture [2ch]

MAINTENANCE: $13,000/mo for 15 yrs

EXCL OCC: title to wife

HEALTH/MED INS: for wife & children

DENTAL INS: for children

LIFE INS: no

COUNSEL FEE: $348,789+ $66,789 accounting fee + $11,089 appraiser fee

PROP DIST TO W: 50% ($3,802,861) of marital estate

COMMENT: [In valuing law practice proper to total capital and withdrawal accounts and to discount withdrawal/retirement account to present value, but the 10 year payout should not be "tax effected" because calculation is for valuation rather than actual distribution]

CASE: Fleitz v Fleitz

CITE: AD2d , 636 NYS2d 911 (3d Dept.,1996)

YRS MAR: 20

H AGE: 48

H INCOME: $6600/mo to 65

W AGE: 42

W INCOME: ?

CHILD SUPPORT: (2 ch)

MAINTENANCE: $1500/mo until husband reaches 65, then $1000/mo when H income reduced to $4400/mo

EXCL OCC: ordered sold

HEALTH/MED INS: ?

DENTAL INS: ?

LIFE INS: ?

COUNSEL FEE: ?

PROP DIST TO W: 62% to wife (38% to H) including 50% ($34,252) of net proceeds of sale of marital residence and fidelity account ($213,944)

COMMENT: [not error to fail to hold second evidentiary hearing on remittal; maintenance reduced when husband's tax-free disability payments are reduced.]

CASE: Forzano v Scuderi

CITE: AD2d , 637 NYS2d 767 (2d Dept.,1996)

YRS MAR: 5

H AGE: ?

H INCOME: ?

W AGE: ?

W INCOME: ?

CHILD SUPPORT: ?

MAINTENANCE: husbands request denied

EXCL OCC: ?

HEALTH/MED INS: ?

DENTAL INS: ?

LIFE INS: ?

COUNSEL FEE: husbands request denied

PROP DIST TO W: ?

COMMENT: [disparity in parties incomes does not always warrant award of maintenance]

:

CASE: Furina v Furina

CITE: AD2d ,643 NYS2d 859 (4th Dept.,1996)

YRS MAR: ?

H AGE: ?

H INCOME: ?

W AGE: ?

W INCOME: ?

CHILD SUPPORT: ?

MAINTENANCE: ?

EXCL OCC: sold

HEALTH/MED INS: ?

DENTAL INS: ?

LIFE INS: ?

COUNSEL FEE: ?

PROP DIST TO W: 40% of proceeds of sale of marital residence

COMMENT: [court considered each spouses separate property contributions in achieving equitable distribution]

CASE: Gann v Gann

CITE: AD2d , 649 NYS2d 154 (1st Dept.,1996)

YRS MAR: ?

H AGE: ?

H INCOME: ?

W AGE: ?

W INCOME: ?

CHILD SUPPORT: n/a

MAINTENANCE: $2500/mo retro to commencement, for 1 year after entry of judgment

EXCL OCC: ?

HEALTH/MED INS: ?

DENTAL INS: ?

LIFE INS: ?

COUNSEL FEE: ?

PROP DIST TO W: ?

COMMENT: [disability ins policies, whose premiums paid from separate funds is separate property; proper to attribute ins policy application values of dissipated or secreted jewelry/furs in computing wife's distributive award; wife, in brief, childless marriage failed to explain inability to procure employment or retrain during pendency of action.]

CASE: Garvey v Garvey

CITE: AD2d , 636 NYS2d 893 (3d Dept.,1996)

YRS MAR: 27

H AGE: 50

H INCOME: $110,000

W AGE: 50

W INCOME: $0

CHILD SUPPORT: husband to pay

MAINTENANCE: $400/wk for 10 years

EXCL OCC: ordered sold

HEALTH/MED INS: ?

DENTAL INS: ?

LIFE INS: ?

COUNSEL FEE: ?

PROP DIST TO W: Wife awarded $225,000 as her share of business & real estate (worth $475,410) paid over 10 years with interest at 9% and 47% of net proceeds of sale of marital residence;

COMMENT: [duration of maintenance increased where inadequate]

CASE: Geisel v Geisel

CITE: NYLJ, 1-17-96, P.36, Col.1, Sup.Ct.,Rockland Co.(Weiner,J.)

YRS MAR: 31

H AGE: 53

H INCOME: $62,000/yr

W AGE: 51

W INCOME: 0

CHILD SUPPORT: n/a

MAINTENANCE: $350/wk until husband retires

EXCL OCC: ordered sold

HEALTH/MED INS: no

DENTAL INS: no

LIFE INS: no

COUNSEL FEE: to be determined

PROP DIST TO W: 50% of net proceeds of sale of marital residence; 50% of marital portion of husbands pension; 50% of husbands NY Deferred Compensation Plan; 50% of balance of marital property.

COMMENT: [deposit of inherited funds into joint bank account with spouse does not automatically transmute funds into marital property; depositor may show deposit was for convenience only.]

CASE: Gilmartin v Gilmartin

CITE: AD2d , 651 NYS2d 43 (1st Dept.,1996)

YRS MAR: ?

H AGE: ?

H INCOME: ?

W AGE: ?

W INCOME: ?

CHILD SUPPORT: ?

MAINTENANCE: $100/wk for 2 yrs

EXCL OCC: ?

HEALTH/MED INS: ?

DENTAL INS: ?

LIFE INS: ?

COUNSEL FEE: ?

PROP DIST TO W: $10,800

COMMENT:

CASE: Greenfield v Greenfield

CITE: AD2d , 643 NYS2d 567 recalled and vacated AD2d , 650 NYS2d 698 (1st Dept.,1996)

YRS MAR: 32 mo

H AGE: ?

H INCOME: $3961/mo net

W AGE: ?

W INCOME: $0

CHILD SUPPORT: $207/wk + summer camp,child care and nursery for 2 years, then 75% of such expenses [1 ch]

MAINTENANCE: $150/wk + all non-reimbursed non-elective medical and dental for 2 years

EXCL OCC: ?

HEALTH/MED INS: for wife for 2 yrs

DENTAL INS: for wife

LIFE INS: no

COUNSEL FEE: $7500 to wife

PROP DIST TO W: $66,042 (20% of value) of enhancement ($330,213) of husbands professional earnings

COMMENT: [residency & certification in internal medicine enhanced husbands earning capacity but loans for education prior to marriage should not be subtracted from future enhancement; coverture fraction should not take into account the 12 years to become an internist;only the last 36 months during which husband received specialty training is relevant. Fraction is 32/36.]

CASE: Grossman v Grossman

CITE: AD2d , 638 NYS2d 130 (2d Dept.,1996)

YRS MAR: ?

H AGE:

H INCOME: ?

W AGE: ?

W INCOME: $0

CHILD SUPPORT: remitted for new determination

MAINTENANCE: remitted for new determination

EXCL OCC: title to wife

HEALTH/MED INS: ?

DENTAL INS: ?

LIFE INS: ?

COUNSEL FEE: ?

PROP DIST TO W: $25,000 to wife for share of husbands dental practice.

COMMENT: [Improper to attribute income without explaining how figure arrived at; must prorate"reasonable" health care expenses; wife should indemnify husband in event mortgage foreclosed and deficiency judgment against husband.]

CASE: Gundlach v Gundlach

CITE: AD2d , 636 NYS2d 914 (3d Dept.,1996)

YRS MAR: 16

H AGE: ?

H INCOME: ?

W AGE: ?

W INCOME: ?

CHILD SUPPORT: $201.48 bi-weekly (3 ch)

MAINTENANCE: ?

EXCL OCC: to wife until youngest child emancipated

HEALTH/MED INS: ?

DENTAL INS: ?

LIFE INS: ?

COUNSEL FEE: $7229 to wife

PROP DIST TO W: ?

COMMENT: [Where spouse deposits compensation for personal injury in joint account he has to establish by clear & convincing evidence that account for convenience; No authority to grant ED in favor of children; not a "shelter" duplication to credit wife for her reduction of mortgage principal]

CASE: Hapeman v Hapeman

CITE: AD2d , 646 NYS2d 583 (3rd Dept.,1996)

YRS MAR: 20

H AGE: ?

H INCOME: $45,312/yr

W AGE: ?

W INCOME: $40/wk

CHILD SUPPORT: $178.16/wk until termination of maintenance, then $201.18/wk

[2Ch] [each spouse had 2 ch ]

MAINTENANCE: $100/wk for 5 yrs from judgment

EXCL OCC: Ordered sold

HEALTH/MED INS: no

DENTAL INS: no

LIFE INS: no

COUNSEL FEE: $5710

PROP DIST TO W: ?

COMMENT: [Must calculate c/s based on gross income as it "should have been or should be reported in the most recent federal income tax return"; must deduct maintenance payments from income; waiver of right to counsel fee hearing by not objecting to trial request to submit on the issue]

CASE: Harbour v Harbour

CITE: AD2d , 643 NYS2d 969 (3d Dept.,1996)

YRS MAR: 32

H AGE: 54

H INCOME:?

W AGE:?

W INCOME:

CHILD SUPPORT: n/a

MAINTENANCE: remitted

EXCL OCC:

HEALTH/MED INS:?

DENTAL INS:?

LIFE INS:?

COUNSEL FEE:?

PROP DIST TO W: remitted

COMMENT: [Wife penalized $35,985 for excessive clothing purchase with marital funds; in valuing engineering partnership interest proper to include amount of capital account, amount of capital note & amount of salary continuation plan, but not "amount of guaranteed payments on account of capital"]

CASE: Harris-Logan v Logan

CITE: AD2d , 645 NYS2d 43 (2d Dept.,1996)

YRS MAR: ?

H AGE: ?

H INCOME: ?

W AGE: ?

W INCOME: ?

CHILD SUPPORT: remitted

MAINTENANCE: ?

EXCL OCC: ?

HEALTH/MED INS: ?

DENTAL INS: ?

LIFE INS: ?

COUNSEL FEE: ?

PROP DIST TO W: ?

COMMENT: [date of application for child support is date of filing of summons with notice with request for child support]

CASE: Hart v Hart

CITE: AD2d , 641 NYS2d 459 (3d Dept.,1996)

YRS MAR: 27

H AGE: ?

H INCOME: $985/wk

W AGE: ?

W INCOME: $157/wk

CHILD SUPPORT: $165/wk (4 ch) + proportionate share of unreimbursed

medical & dental + payment of mortgage,taxes & homeowners insurance

MAINTENANCE: $30/wk

EXCL OCC: to wife until youngest child emancipated

HEALTH/MED INS: for children

DENTAL INS:?

LIFE INS: ?

COUNSEL FEE: ?

PROP DIST TO W: ?

COMMENT: [child dependency exemptions to father; Application of Chasin Rule to deviate from CSSA when faced with a double shelter allowance; Rejection of 2d Dept Rule in Krantz (175 AD2d 865) which deducts annual costs of shelter from gross income of noncustodial parent; order not retroactive in accord with Chasin (182 AD2d 862)].

CASE: Hogue v Hogue

CITE: AD2d , 640 NYS2d 198 (2d Dept.,1996)

YRS MAR: 20

H AGE: ?

H INCOME: ?

W AGE: 46

W INCOME: ?

CHILD SUPPORT: ?

MAINTENANCE: $250/wk durational

EXCL OCC: ?

HEALTH/MED INS: ?

DENTAL INS: ?

LIFE INS: ?

COUNSEL FEE: to wife

PROP DIST TO W: ?

COMMENT: [durational support where wife capable of being self-supporting but not yet readily employable]

CASE: Huber v Huber

CITE: AD2d , 645 NYS2d 211 (4th Dept.,1996)

YRS MAR: ?

H AGE: ?

H INCOME: ?

W AGE: ?

W INCOME: ?

CHILD SUPPORT: ?

MAINTENANCE: to wife until age 59 1/2 or husbands full retirement, whichever later

EXCL OCC: ?

HEALTH/MED INS: ?

DENTAL INS: ?

LIFE INS: ?

COUNSEL FEE: $37,000

PROP DIST TO W: ?

COMMENT: [no authority in CSSA to add future maintenance award to recipients income for purpose of calculating child support; Maintenance is not "gross(total income";improper to subtract maintenance from payors income where there is no automatic adjustment of child support on termination of maintenance;no affirmative relief without cross appeal]

CASE: Iwahara v Iwahara

CITE: AD2d ,640 NYS2d 217 (2d Dept.,1996)

YRS MAR: ?

H AGE: ?

H INCOME: ?

W AGE: ?

W INCOME: ?

CHILD SUPPORT: $20,000/yr (2 Ch); [an adjustment should be made when maintenance done] and 78% of reasonable health care not covered by ins

MAINTENANCE: $20,000/yr for 10 years

EXCL OCC: ?

HEALTH/MED INS: ?

DENTAL INS: ?

LIFE INS: ?

COUNSEL FEE: ?

PROP DIST TO W: wife awarded entire value ($153,000) of husbands medical license;

COMMENT: [Burden on non-titled spouse to prove value of asset; court must show how it fixed value,an unsupported conclusion can not stand;husband permitted to take children as dependents for income tax purposes]

CASE: Jermakian v Jermakian

CITE: AD2d , 627 NYS2d 838 (2d Dept.,1996)

YRS MAR: 14

H AGE: ?

H INCOME: ?

W AGE: ?

W INCOME: ?

CHILD SUPPORT: n/a

MAINTENANCE: ?

EXCL OCC: ?

HEALTH/MED INS: ?

DENTAL INS: ?

LIFE INS: ?

COUNSEL FEE: ?

PROP DIST TO W: $20,000.

COMMENT: [inequitable for wife to pay most of parties marital expenses in "relatively short marriage"; Dist award to wife of $4000/yr for each of the years of the marriage, being 50% of the marital expenses each year]

CASE: Jussen v Jussen

CITE: NYLJ, 10-7-96,P.37,Col.6,Sup.Ct.,Nassau Co.(Franco,J)

YRS MAR: 17

H AGE: 52

H INCOME: $3646/mo

W AGE: 44

W INCOME: $18,500/yr

CHILD SUPPORT: $527/mo per stipulation [1 Ch] + 50% of uninsured medical expenses

MAINTENANCE: waived

EXCL OCC: ordered sold

HEALTH/MED INS: for child

DENTAL INS: for child

LIFE INS: no

COUNSEL FEE: denied

PROP DIST TO W: 50% of marital property

COMMENT: [2d marriage case; wife and attorney sanctioned for misuse of income execution for support enforcement; matter referred to IRS and District Attorney regarding possible violations of tax law and eavesdropping law]

CASE: Kelly v Kelly

CITE: AD2d , 636 NYS2d 840 (2d Dept.,1996)

YRS MAR: ?

H AGE: ?

H INCOME: ?

W AGE: ?

W INCOME: ?

CHILD SUPPORT: ?

MAINTENANCE: $1000/mo or 25% of husbands adjusted gross income,non-durational

EXCL OCC:

HEALTH/MED INS: ?

DENTAL INS: ?

LIFE INS: ?

COUNSEL FEE: remitted to determine amount to be paid

PROP DIST TO W: ?

COMMENT: [difficulty in valuing family business was result of husbands failure to provide adequate documentation.]

CASE: Kerzner v Kerzner

CITE: Misc2d , 653 NYS2d 219, (Sup.Ct., NY Co., 1996)

YRS MAR: 17?

H AGE: ?

H INCOME: ?

W AGE: ?

W INCOME: ?

CHILD SUPPORT: $4350/mo [2Ch], then $3750/mo for 1 Ch + private school, college,tutoring,transportation,unreimbursed non-elective medical,dental & psychotherapy

MAINTENANCE: $21,000/mo for 8 yrs or until distributive award paid; then $9000/mo

EXCL OCC: title to wife

HEALTH/MED INS: for children

DENTAL INS: no

LIFE INS: no

COUNSEL FEE: no

PROP DIST TO W: 50% ($3,830,741) of marital assets

COMMENT: [Distribute value of pension at commencement, not trial date; Receiver of husbands business appointed because of pattern of non-disclosure of assets and wilful non-payment; maintenance designed to protect distributive award from husbands threatened bankruptcy and non-payment; evidence of large amounts of cash]

CASE: Lekutanaj v Lekutanaj

CITE: AD2d ,651 NYS2d 154 (2d Dept.,1996)

YRS MAR: ?

H AGE: ?

H INCOME: $170,000/yr

W AGE: ?

W INCOME: ?

CHILD SUPPORT: $577/wk [4 Ch] to be adjusted after distributive award is paid.

MAINTENANCE: $750/wk (plus cost of living adj) for 10 yrs

EXCL OCC: Ordered sold

HEALTH/MED INS: ?

DENTAL INS: ?

LIFE INS: ?

COUNSEL FEE: ? to wife

PROP DIST TO W: $968,502 less half of taxes and expenses of husband selling real property to satisfy distributive award

COMMENT: [Child support should be adjusted pursuant to CSSA, not CPI; Proper to award maintenance with cost of living adjustments; deduct half of expense to liquidate property to satisfy distributive award; adjust child support when maintenance terminates; receiver appointed where husband dissipated assets,was less than forthcoming regarding his finances and disregarded orders]

CASE: Lucci v Lucci

CITE: AD2d , 642 NYS2d 326 (2d Dept.,1996)

YRS MAR: ?

H AGE: ?

H INCOME: ?

W AGE: ?

W INCOME: ?

CHILD SUPPORT: ?

MAINTENANCE: $300/wk for 4 years

EXCL OCC: ?

HEALTH/MED INS: ?

DENTAL INS: ?

LIFE INS: ?

COUNSEL FEE: ?

PROP DIST TO W: ?

COMMENT: [Retroactive payments of temporary maintenance should be made only if the award is in excess of any temporary award, rather than as credits for overpayment of temporary maintenance.]

CASE: MacDonald v MacDonald

CITE: AD2d , 641 NYS2d 349 (2d Dept.,1996)

YRS MAR: ?

H AGE: ?

H INCOME: ?

W AGE: ?

W INCOME: ?

CHILD SUPPORT: ?

MAINTENANCE: $200/wk non-durational

EXCL OCC: ?

HEALTH/MED INS: ?

DENTAL INS: ?

LIFE INS: ?

COUNSEL FEE: ?

PROP DIST TO W: remitted for redistribution

COMMENT: [not error to include death benefit provision of partnership agreement in valuing interest in law partnership for equitable distribution purposes]

CASE: Main v Main

CITE: NYLJ, 8-14-96,P.25,Col.6,Sup.Ct.,Nassau Co.(McCaffrey,J.)

YRS MAR: 21

H AGE: ?

H INCOME: $73744/yr

W AGE: ?

W INCOME: $46000/yr

CHILD SUPPORT: $277/wk [3 ch] + $125/wk {62%] of child care]

MAINTENANCE: n/a

EXCL OCC: n/a

HEALTH/MED INS: none

DENTAL INS: none

LIFE INS: none

COUNSEL FEE: ?

PROP DIST TO W: ?

COMMENT: [Application of statutory formula to combined parental income over $80,000 would be unjust and inappropriate]

CASE: Maraham v Maraham

CITE: NYLJ, 7-22-96,P.25,Col.2, Sup.Ct.,NY Co.(Andrias,J.)

YRS MAR: 31

H AGE: ?

H INCOME: ?

W AGE: ?

W INCOME: ?

CHILD SUPPORT: n/a

MAINTENANCE: none

EXCL OCC: no

HEALTH/MED INS: no

DENTAL INS: no

LIFE INS: no

COUNSEL FEE: Referred for hearing

PROP DIST TO W: 55% ($1,225,599) of net marital estate

COMMENT: [wife awarded 55% of marital estate as of date of separation (7/25/83) because husband had concealed assets not disclosed to the court; estate valued at date of commencement so wife not responsible for husbands $1.2 million investment loss]

CASE: Marino v Marino

CITE: AD2d , 645 NYS2d 252 (4th Dept.,1996)

YRS MAR: ?

H AGE: ?

H INCOME: $34,900/yr

W AGE: ?

W INCOME: ?

CHILD SUPPORT: $135/wk; then $160/wk on termination of maintenance

MAINTENANCE: $100/wk for 3 yrs

EXCL OCC: ?

HEALTH/MED INS: ?

DENTAL INS: ?

LIFE INS: ?

COUNSEL FEE: ?

PROP DIST TO W: ?

COMMENT: [Error to impute unreported cash income absent proof of nature or amount of cash received; improper to impute additional income where no evidence husband used company vehicle for personal needs]

CASE: McCarthy v McCarthy

CITE: NYLJ, 8-12-96, P.30, Col.4, Sup.Ct.,Kings Co.(Leventhal,J.)

YRS MAR: 20

H AGE: 57

H INCOME: $1142/mo disability

W AGE: 51

W INCOME: none,

CHILD SUPPORT: n/a

MAINTENANCE: none

EXCL OCC: ordered sold

HEALTH/MED INS: none

DENTAL INS: none

LIFE INS: none

COUNSEL FEE: none

PROP DIST TO W: 50% of proceeds of sale of residence; 50% of marital portion of pension, after taxes, that was liquidated;

COMMENT: [tax consequences of pension liquidation by husband considered;judicial notice of tax laws taken by court which calculated tax; wife wasted marital assets by removing furnishings, appliances, tools and clothing from the marital residence to prevent husband from using them]

CASE: McComish v McComish

CITE: AD2d , 642 NYS2d 921 (2d Dept.,1996)

YRS MAR: ?

H AGE: ?

H INCOME: ?

W AGE: ?

W INCOME: ?

CHILD SUPPORT: $700/mo to wife; husband to share medical, insurance and college expenses of youngest child in proportion to parties incomes.

MAINTENANCE: ?

EXCL OCC: title to wife

HEALTH/MED INS: ?

DENTAL INS: ?

LIFE INS: ?

COUNSEL FEE: ?

PROP DIST TO W: title to marital residence to wife in lieu of arrears judgment and her share of marital property, including property dissipated by husband

COMMENT: [withdrawal of joint funds by wife is dissipation of marital assets.]

:

CASE: Minnes v Minnes

CITE: AD2d ,645 NYS2d 838 (2d Dept.,1996)

YRS MAR: ?

H AGE: ?

H INCOME: ?

W AGE: ?

W INCOME: ?

CHILD SUPPORT: n/a

MAINTENANCE: $2000/wk for 5 yrs, then $1000/wk non-durational

EXCL OCC: ?

HEALTH/MED INS: for wife until she obtains an employment related policy

DENTAL INS: no

LIFE INS: for wife

COUNSEL FEE: each to pay own

PROP DIST TO W: 50% of value of husbands nursing home

COMMENT: [wife failed to meet her burden of showing direct or indirect contributions to appreciation of separate property]

CASE: Mitchell v Mitchell

CITE: NYLJ, 9-16-96, P.31, Col.5, Sup.Ct.,Suffolk Co.,(Friedenberg, JHO)

YRS MAR: 18

H AGE: 38

H INCOME: $42,156/yr net

W AGE: 38

W INCOME: $23,776/yr

CHILD SUPPORT: $650/mo for child in wife's custody + 50% of uninsured medical expenses [2 ch -split custody]

MAINTENANCE: $200/wk for 5 yrs (tax-free)

EXCL OCC: title to wife per stipulation

HEALTH/MED INS: husband to provide for both children

DENTAL INS: no

LIFE INS: $100,000 for child in wife's custody

COUNSEL FEE: $10,000 to wife

PROP DIST TO W: distributed as per stipulation

COMMENT: [wife failed to sustain burden of proof as to "deferred compensation aspect" of husbands accidental disability pension; "tax-free' maintenance award; award of child support may be based on earning potential; inappropriate to apply CSSA to gross income where husbands disability pension is net of tax;proper to attribute additional funds to husband to produce the net

income he receives]

CASE: Morales v Morales

CITE: AD2d ,646 NYS2d 884 (2d Dept.,1996)

YRS MAR: ?

H AGE: ?

H INCOME: ?

W AGE: ?

W INCOME: ?

CHILD SUPPORT: $150/wk + 68% of private parochial school

MAINTENANCE: ?

EXCL OCC: ?

HEALTH/MED INS: ?

DENTAL INS: ?

LIFE INS: ?

COUNSEL FEE: ?

PROP DIST TO W: 50% of husbands pension and savings and security plan; H awarded 10 % ($9800) of value of enhanced earning capacity of wife's practical nurse license

COMMENT: [Not required to pay for child's private school absent agreement or special circumstances; value nursing license by comparing avg lifetime income of nurse with high school graduate working in clerical field and reducing difference to present value]

CASE: Moses v Moses

CITE: AD2d , 647 NYS2d 318 (4th Dept.,1996)

YRS MAR: ?

H AGE: ?

H INCOME: ?

W AGE: ?

W INCOME: ?

CHILD SUPPORT: ?

MAINTENANCE: to wife

EXCL OCC: ?

HEALTH/MED INS: ?

DENTAL INS: ?

LIFE INS: ?

COUNSEL FEE: remitted for redetermination

PROP DIST TO W: ?

COMMENT: [credit to wife for her separate property contribution to down payment on marital home off top of proceeds of sale]

CASE: Nappi v Nappi

CITE: AD2d , 651 NYS2d 51 (2d Dept.,1996)

YRS MAR: 36

H AGE: 61

H INCOME: $97,500/yr

W AGE: 56

W INCOME: $0

CHILD SUPPORT: n/a

MAINTENANCE: $250/wk until age 65 or collects share of husbands pension

EXCL OCC: ordered sold

HEALTH/MED INS: ?

DENTAL INS: ?

LIFE INS: ?

COUNSEL FEE: ?

PROP DIST TO W: remitted for further proceedings

COMMENT: [error to direct wife to place money inherited from brother in trust for nephew; wife suffering major depressive disorder awarded maintenance]

CASE: Nowik v Nowik

CITE: AD2d , 643 NYS2d 223 (2d Dept.,1996)

YRS MAR: ?

H AGE: ?

H INCOME: ?

W AGE: ?

W INCOME: ?

CHILD SUPPORT: ?

MAINTENANCE: ?

EXCL OCC: ?

HEALTH/MED INS: ?

DENTAL INS: ?

LIFE INS: ?

COUNSEL FEE: ?

PROP DIST TO W: $6000. to husband

COMMENT: [Credit to husband for contribution of labor and expenditures for improvements in the wife's residence.]

CASE: Orlando v Orlando

CITE: AD2d , 635 NYS2d 752 ( Dept.,199 )

YRS MAR: ?

H AGE: ?

H INCOME: ?

W AGE: ?

W INCOME: $0

CHILD SUPPORT: $200/wk + all of children's unreimbursed medical expenses

MAINTENANCE: $200/wk for 3 years

EXCL OCC: ?

HEALTH/MED INS: ?

DENTAL INS: ?

LIFE INS: ?

COUNSEL FEE: ?

PROP DIST TO W: ?

COMMENT: [Child support not necessarily determined by current financial condition; court has discretion to attribute/impute income based on ability to earn; child support based on needs/standard of living where both parents took 5th Amendment re tax return.]

CASE: Parnes v Parnes

CITE: NYLJ, 1-26-96, P.32, Col.2, Sup.Ct, Kings Co.(Rigler,J.)

YRS MAR: 21

H AGE: ?

H INCOME: $26,000/yr

W AGE: ?

W INCOME: $24,000/yr

CHILD SUPPORT: $76.50/wk [1 ch] + 52% of unreimbursed medical expenses (wife to pay 48%)

MAINTENANCE: None

EXCL OCC: n/a

HEALTH/MED INS: for child

DENTAL INS: no

LIFE INS: husband to provide for child

COUNSEL FEE: denied

PROP DIST TO W: 50% of marital portion of husbands pension

COMMENT:

CASE: Pauk v Pauk

CITE: AD2d , NYS2d (2d Dept.,1996) NYLJ, 10-15-96,P.30,Col.6

YRS MAR: ?

H AGE: ?

H INCOME: ?

W AGE: ?

W INCOME: ?

CHILD SUPPORT: remitted for reasons

MAINTENANCE: ?

EXCL OCC: ?

HEALTH/MED INS: ?

DENTAL INS: ?

LIFE INS: for children

COUNSEL FEE: $30,615.

PROP DIST TO W: remitted

COMMENT: [error to value pension at date of judgment; error to refuse to distribute marital property; where judgment and decision are inconsistent, the decision controls, and inconsistency may be corrected on appeal]

CASE: Polychronopoulos v Polychronopoulos

CITE: AD2d ,640 NYS2d 256 (2d Dept.,1996)

YRS MAR: ?

H AGE: ?

H INCOME: ?

W AGE: ?

W INCOME: ?

CHILD SUPPORT: remitted to fix (2 Ch) ; husband to pay medical expenses

MAINTENANCE: $100/wk until 11-22-98 + mortgage and carrying charges[to be fixed on remittal]

EXCL OCC: to wife

HEALTH/MED INS: ?

DENTAL INS: ?

LIFE INS: ?

COUNSEL FEE: $20,000 to wife;remitted to fix expert fee

PROP DIST TO W: 50% of increased value of husbands restaurant; 50% of house

COMMENT:[ improper to direct open-ended payment of charges on marital residence; where

expert needed because of husbands lack of candor expert fee is warranted; in fix

: ing child support must reduce income by maintenance award,and order

concomitant increase in child support on termination of maintenance; reduce

child support by shelter costs; must take into account need of parent to

maintain separate household and have money to live on]

CASE: Posson v Posson

CITE: AD2d , 645 NYS2d 155 3d Dept.,1996)

YRS MAR: ?

H AGE: ?

H INCOME: ?

W AGE: ?

W INCOME: ?

CHILD SUPPORT: remitted

MAINTENANCE: $100/wk for 5 years

EXCL OCC: ?

HEALTH/MED INS: ?

DENTAL INS: ?

LIFE INS: ?

COUNSEL FEE: ?

PROP DIST TO W: ?

COMMENT: [maintenance award may be based on earning capacity; Error to continue

interim child support award in divorce judgment without finding award based upon

: fathers annual income unjust or inappropriate]

CASE: Presworsky v Presworsky

CITE: AD2d , 637 NYS2d 487 (2d Dept.,1996)

YRS MAR: 18

H AGE: ?

H INCOME: $47,940/net

W AGE: ?

W INCOME: $29,781/net

CHILD SUPPORT: remitted to recalculate (3 ch=w;1 ch=h)

MAINTENANCE: ?

EXCL OCC: to wife

HEALTH/MED INS: ?

DENTAL INS: ?

LIFE INS: ?

COUNSEL FEE: ?

PROP DIST TO W: ?

COMMENT: [improper to direct husband to pay child support(which includes shelter)

and maintenance on marital residence]

:

CASE: Principe v Principe

CITE: AD2d , NYS2d , NYLJ, 7-25-96,P.25,Col 3 (2d Dept.,1996)

YRS MAR: ?

H AGE: ?

H INCOME: ?

W AGE: ?

W INCOME: ?

CHILD SUPPORT: ?

MAINTENANCE: ?

EXCL OCC: ?

HEALTH/MED INS: ?

DENTAL INS: ?

LIFE INS: ?

COUNSEL FEE: ?

PROP DIST TO W: remitted

COMMENT: [social Security benefits are not a pension and pre-empted by Federal

law from EDL; settlement in age discrimination action should not be summarily

: included in marital property]

CASE: Ramsey v Ramsey

CITE: AD2d , 641 NYS2d 194 (3d Dept.,1996)

YRS MAR: 23

H AGE: ?

H INCOME: ?

W AGE: ?

W INCOME: ?

CHILD SUPPORT: ?

MAINTENANCE: ?

EXCL OCC: ?

HEALTH/MED INS: ?

DENTAL INS: ?

LIFE INS: ?

COUNSEL FEE: ?

PROP DIST TO W: ?

COMMENT: [Where parties "charted their own course" they can not complain about outcome.]

:

CASE: Rauch v Rauch

CITE: AD2d , 641 NYS2d 212 (4th Dept.,1996)

YRS MAR: 8

H AGE: ?

H INCOME: $36,000.

W AGE: ?

W INCOME: $0

CHILD SUPPORT: n/a

MAINTENANCE: none

EXCL OCC: ?

HEALTH/MED INS: ?

DENTAL INS: ?

LIFE INS: ?

COUNSEL FEE: ?

PROP DIST TO W: 65% of marital assets

COMMENT: [Wife contributed 75% of the $250,00 the parties brought into the marriage.]

:

CASE: Reinisch v Reinisch

CITE: AD2d , 641 NYS2d 393 (2d Dept.,1996)

YRS MAR: ?

H AGE: ?

H INCOME: ?

W AGE: ?

W INCOME: ?

CHILD SUPPORT: $2250/mo (2ch) + pro-rata share of college expenses;

Obligation to pay college costs to be credited for payments of child support

MAINTENANCE: $2000/mo for 10 years

EXCL OCC: ?

HEALTH/MED INS: ?

DENTAL INS: ?

LIFE INS: for wife & ch

COUNSEL FEE: $30,000. to wife & $1500 expert fee

PROP DIST TO W: 25% of bonuses received by husband in 1994-1998;50% of proceeds from exercise of stock options; husband to pay loans due to wife's parents & 80% of parties credit card debt.

COMMENT: [Can not grant affirmative relief to third party who does not submit to jurisdiction; improper to direct husband to pay child support & contribute to college costs without provision for reduction of level of support or credit to father for amounts contributed while children live away while attending college]

CASE: Rochelle G. v Harold MG

CITE: 649 NYS2d 632 [edited], NYLJ, 8-14-96,P.22,Col.1,Sup.Ct.,NY Co.[unedited]

YRS MAR: 25

H AGE: 47

H INCOME: $1,200,000.

W AGE: 47

W INCOME: $10,000/yr

CHILD SUPPORT: $2000/mo [2 Ch] + [H agreed to pay college expenses,car etc]

MAINTENANCE: $15,000/mo until sale of house [not retro] then $8500/mo"permanent"

EXCL OCC: to wife until 1 year after 14 year old begins college

HEALTH/MED INS: no

DENTAL INS: no

LIFE INS: no

COUNSEL FEE: $125,000.

PROP DIST TO W: 50% ($500,000) of home; 50% ($415,000) of other assets plus 50% of $2,581,760 value of husbands law firm

COMMENT: [Law practice valued by "excess earnings" method, with weighted average of earnings (value =$2,581,760); Law license valued at $ 1,547,000, by valuing license plus 'enhanced earnings"; value of maintenance must be

compared with earning differential used in license valuation

CASE: Seidman v Seidman

CITE: AD2d , 641 NYS2d 431 (3d Dept.,1996)

YRS MAR: 18

H AGE: ?

H INCOME: ?

W AGE: ?

W INCOME: ?

CHILD SUPPORT: ?

MAINTENANCE: ?

EXCL OCC: ?

HEALTH/MED INS: ?

DENTAL INS: ?

LIFE INS: ?

COUNSEL FEE: ?

PROP DIST TO W: ?

COMMENT: [Property acquired during marriage presumed to be "marital"; no credit

for separate property contribution without proof of value/tracing of funds]

:

CASE: Selinger v Selinger

CITE: AD2d , 648 NYS2d 470 (2d Dept.,1996)

YRS MAR: 20

H AGE: ?

H INCOME: ?

W AGE: 51

W INCOME: None

CHILD SUPPORT: ?

MAINTENANCE: ?

EXCL OCC: ?

HEALTH/MED INS: ?

DENTAL INS: ?

LIFE INS: ?

COUNSEL FEE: ?

PROP DIST TO W: $6,608,459 representing 1/3 of husbands stock and options in business and 50% of remaining marital property plus prejudgment interest from date of commencement. [husband awarded $9,371,053]

COMMENT: [Interest is not a penalty. Where marital assets valued at date of commencement wife entitled to pre-judgment interest from that date. Distributionof $16 million in assets not equitable where 2/3 to husband and 1/3 to wife. Where wife argued in post trial memo that assets should be valued at date of commencement she cant complain about date on appeal].

CASE: Sergeon v Sergeon

CITE: AD2d , 644 NYS2d 264 (1st Dept.,1996)

YRS MAR: ?

H AGE: ?

H INCOME: ?

W AGE: ?

W INCOME: ?

CHILD SUPPORT: ?

MAINTENANCE: lifetime maintenance

EXCL OCC: ?

HEALTH/MED INS: ?

DENTAL INS: ?

LIFE INS: ?

COUNSEL FEE: ?

PROP DIST TO W: ?

COMMENT: [level and duration of support based on husbands earning capacity rather than actual earnings; wife not able to become self-supporting at level commensurate with marital standard of living]

CASE: Silbowitz v Silbowitz

CITE: AD2d , NYS2d (2d Dept.,1996) NYLJ, 5-7-96,P.30,Col.4

YRS MAR: ?

H AGE: ?

H INCOME: ?

W AGE: ?

W INCOME: ?

CHILD SUPPORT: ?

MAINTENANCE: ?

EXCL OCC: ?

HEALTH/MED INS: ?

DENTAL INS: ?

LIFE INS: ?

COUNSEL FEE: ?

PROP DIST TO W: ?

COMMENT: [non-party appellant appealed part of judgment that affected him].

CASE: Silver v Akerson

CITE: AD2d , 637 NYS2d 378 (1st Dept.,1996)

YRS MAR: ?

H AGE: ?

H INCOME: ?

W AGE: ?

W INCOME: ?

CHILD SUPPORT: $1500/mo to wife

MAINTENANCE: ?

EXCL OCC: ?

HEALTH/MED INS: ?

DENTAL INS: ?

LIFE INS: ?

COUNSEL FEE: $42,500 to wife

PROP DIST TO W: ?

COMMENT: ?

CASE: Small v Small

CITE: AD2d , 643 NYS2d 842 (4th Dept.,1996)

YRS MAR: ?

H AGE: ?

H INCOME: ?

W AGE: ?

W INCOME: ?

CHILD SUPPORT: ?

MAINTENANCE: ?

EXCL OCC: ?

HEALTH/MED INS: ?

DENTAL INS: ?

LIFE INS: ?

COUNSEL FEE: ?

PROP DIST TO W: ?

COMMENT: [Proper to refuse to award share of wife's enhanced earning capacity (nursing degree) where husband failed to show a substantial contribution]

CASE: Smith v Smith

CITE: AD2d , 643 NYS2d 274 (4th Dept.,1996)

YRS MAR: ?

H AGE: ?

H INCOME: ?

W AGE: ?

W INCOME: ?

CHILD SUPPORT: ?

MAINTENANCE: ?

EXCL OCC: ?

HEALTH/MED INS: ?

DENTAL INS: ?

LIFE INS: ?

COUNSEL FEE: ?

PROP DIST TO W: $159,282.50 to wife + 9%

COMMENT: [Wife awarded 50% of husbands future enhanced earnings (computer science degree) valued by multiple of annual earnings]

CASE: Sorrell v Sorrell

CITE: AD2d , 650 NYS2d 237 (2d Dept.,1996)

YRS MAR: ?

H AGE: ?

H INCOME: ?

W AGE: ?

W INCOME: ?

CHILD SUPPORT: ?

MAINTENANCE: ?

EXCL OCC: ordered sold

HEALTH/MED INS: ?

DENTAL INS: ?

LIFE INS: ?

COUNSEL FEE: ?

PROP DIST TO W: 50% of marital residence

COMMENT:

CASE: Spencer v Spencer

CITE: AD2d , 646 NYS2d 674 (1st Dept.,1996)

YRS MAR: 16

H AGE: 81

H INCOME: $75,260/yr

W AGE: 68

W INCOME: $13,762+/yr

CHILD SUPPORT: n/a

MAINTENANCE: $350/mo "permanent'

EXCL OCC: no

HEALTH/MED INS: ?

DENTAL INS: ?

LIFE INS: ?

COUNSEL FEE: $40,939

PROP DIST TO W: 50% of marital property (remitted)

COMMENT: [App Div can alter distributive award based on concession of error at oral argument, where no cross-appeal]

CASE: Strang v Strang

CITE: AD2d , 636 NYS2d 786 (3 Dept.,1996)

YRS MAR: 23

H AGE: ?

H INCOME: $52,000

W AGE: ?

W INCOME: $35/wk

CHILD SUPPORT: husband responsible

MAINTENANCE: $100/wk to 6/30/95 or if sooner employed

EXCL OCC: title to wife

HEALTH/MED INS: ?

DENTAL INS: ?

LIFE INS: ?

COUNSEL FEE: denied to wife

PROP DIST TO W: title to marital home to wife in exchange for ($14,120) 50% of is equity; cars distributed.

COMMENT: [gift to husband & wife from parents of one party is "marital property"; wsteful dissipation of assets must be charged against a parties' share.]

CASE: Tesler v Tesler

CITE: AD2d , 644 NYS2d 316 (2d Dept.,1996)

YRS MAR: ?

H AGE: ?

H INCOME: ?

W AGE: ?

W INCOME: ?

CHILD SUPPORT: 61% of child's unreimbursed medical expenses +?

MAINTENANCE: ?

EXCL OCC: ?

HEALTH/MED INS: ?

DENTAL INS: ?

LIFE INS: ?

COUNSEL FEE: ?

PROP DIST TO W: ?

COMMENT: [proper to attribute and impute to husband money received from his parents]

CASE: Tumminello v Tumminello

CITE: AD2d , 651 NYS2d 166 (2d Dept.,1996)

YRS MAR: 13

H AGE: ?

H INCOME: ?

W AGE: ?

W INCOME: ?

CHILD SUPPORT: $350/wk

MAINTENANCE: $600/wk

EXCL OCC: ?

HEALTH/MED INS: ?

DENTAL INS: ?

LIFE INS: ?

COUNSEL FEE: ?

PROP DIST TO W: remitted for new determination

COMMENT: [error to rely on husbands accountants' 1982 report to determine his net worth at that date where it was admitted in evidence for limited purpose of serving as a foundation for wife's accountants testimony as to husbands stock holdings at that date]

CASE: Vainchenker v Vainchenker

CITE: NYLJ, 2-5-96,P.31,Col.2, Sup.Ct.,Kings Co.(Rigler,J.)

YRS MAR: 17

H AGE: 47

H INCOME: $110,072

W AGE: 44

W INCOME: $26,500

CHILD SUPPORT: $512.42/wk [3 ch] + 79% of unreimbursed medical expenses and 79% of college expenses (wife to pay 21%)

MAINTENANCE: $150/wk for 3 yrs

EXCL OCC: no

HEALTH/MED INS: for children

DENTAL INS: no

LIFE INS: $200,000 for children

COUNSEL FEE: to be determined

PROP DIST TO W: 50% ($126,823) of marital property

COMMENT: [enhanced earning capacity attributable to NY doctors license obtained by Russian doctor after undergoing training in NY is marital property]

CASE: Verdrager v Verdrager

CITE: AD2d , 646 NYS2d 185 (2d Dept.,1996)

YRS MAR: ?

H AGE: ?

H INCOME: ?

W AGE: ?

W INCOME: ?

CHILD SUPPORT: ? - Husband directed to pay for college and law school expenses

MAINTENANCE: for 17 years, to age 63 when wife gets social security

EXCL OCC: ?

HEALTH/MED INS: ?

DENTAL INS: ?

LIFE INS: for wife to insure maintenance and child support

COUNSEL FEE: $35,000

PROP DIST TO W: ?

COMMENT: [Improper to award interest at "prime rate"; improper to grant credit for overpayment of maintenance & child support pendente lite in excess of retroactive support;

proper to modify judgment on appeal to correct scriveners errors;

decision controls where inconsistency between decision and judgment. May be corrected by resettlement or on appeal]

CASE: Votta v Votta

CITE: AD2d , NYS2d (2d Dept.,1996) NYLJ,8-20-96,P.24,COL.6

YRS MAR: ?

H AGE: ?

H INCOME: ?

W AGE: ?

W INCOME: ?

CHILD SUPPORT: ?

MAINTENANCE: ?

EXCL OCC: ?

HEALTH/MED INS: ?

DENTAL INS: ?

LIFE INS: ?

COUNSEL FEE: ?

PROP DIST TO W: ?

COMMENT: ["Equitable distribution presents matters of fact to be resolved by the trial court, and its distribution .. should not be disturbed unless it can be shown that the court improvidently exercised its discretion."]

CASE: Wadsworth v Wadsworth

CITE: AD2d , 641 NYS2d 779 (4th Dept.,1996)

YRS MAR: 30

H AGE: ?

H INCOME: $228,000

W AGE: ?

W INCOME: $15000?

CHILD SUPPORT: n/a

MAINTENANCE: remitted

EXCL OCC: ?

HEALTH/MED INS: ?

DENTAL INS: ?

LIFE INS: ?

COUNSEL FEE: ?

PROP DIST TO W: remitted

COMMENT: [proper to value the husbands law partnership interest using the death benefit provision;there is no uniform method; proper to value law license by a more realistic method based upon husbands actual participation in an ongoing business enterprise rather than a method based on fictional death; improper to provide for termination of maintenance upon receipt of future event

[inheritance]

CASE: Waldmann v Waldmann

CITE: AD2d , 647 NYS2d 827 (2d Dept.,1996)

YRS MAR: ?

H AGE: ?

H INCOME: ?

W AGE: ?

W INCOME: ?

CHILD SUPPORT: ?

MAINTENANCE: ?

EXCL OCC: until youngest child 18 or emancipated

HEALTH/MED INS: ?

DENTAL INS: ?

LIFE INS: for wife

COUNSEL FEE: $3774.

PROP DIST TO W: ?

COMMENT: [H failed to establish immediate need for proceeds of sale of home, that comparable housing available in same area at lower cost, or parties financially incapable of maintaining residence]

CASE: Walker v Walker

CITE: NYLJ, 10-8-96,P.32,Col.1,Sup.Ct.,West.Co.(Slobod,J.)

YRS MAR: 32

H AGE: 52

H INCOME: $3.5 million/yr

W AGE: 52

W INCOME: 0

CHILD SUPPORT: n/a

MAINTENANCE: $60,000./mo non-durational

EXCL OCC: title to wife per stipulation

HEALTH/MED INS: ?

DENTAL INS: ?

LIFE INS: for wife to cover maintenance award [no less than $4 million]

COUNSEL FEE: $100,000 to wife

PROP DIST TO W: 50% of property not disposed of by stipulation

COMMENT: [standard of living was "lavish"]

CASE: Wall v Wall

CITE: AD2d , 633 NYS2d 905 (4th Dept.,1995)

YRS MAR: 25

H AGE: ?

H INCOME: $50,000

W AGE: ?

W INCOME: @ $25,000

CHILD SUPPORT: ?

MAINTENANCE: $50/wk

EXCL OCC: ?

HEALTH/MED INS: ?

DENTAL INS: ?

LIFE INS: ?

COUNSEL FEE: ?

PROP DIST TO W: ?

COMMENT:

CASE: Walsh v Walsh

CITE: AD2d , 641 NYS2d 704 (2d Dept.,1996)

YRS MAR: 15

H AGE: ?

H INCOME: ?

W AGE: ?

W INCOME: ?

CHILD SUPPORT: n/a

MAINTENANCE: $200/wk until house sold, then $375/wk non-durational

EXCL OCC: ordered sold

HEALTH/MED INS: ?

DENTAL INS: ?

LIFE INS: ?

COUNSEL FEE: $5000 to wife

PROP DIST TO W: ?

COMMENT: [Improper to direct payment of all carrying charges on residence until its sale without specifying the amount of each charge.]

CASE: Welch v Welch

CITE: AD2d , 649 NYS2d 560 (4th Dept.,1996)

YRS MAR: ?

H AGE: ?

H INCOME: ?

W AGE: ?

W INCOME: ?

CHILD SUPPORT: ?

MAINTENANCE: ?

EXCL OCC: ?

HEALTH/MED INS: ?

DENTAL INS: ?

LIFE INS: ?`

COUNSEL FEE: ?

PROP DIST TO W: ?

COMMENT: [improper to give both tax exemptions to wife where both parties earning same income]

CASE: Wilcox v Wilcox

CITE: AD2d , 649 NYS2d 222 (3rd Dept.,1996)

YRS MAR: 13

H AGE: ?

H INCOME: ?

W AGE: ?

W INCOME: ?

CHILD SUPPORT: ?

MAINTENANCE: ?

EXCL OCC: ?

HEALTH/MED INS: ?

DENTAL INS: ?

LIFE INS: ?

COUNSEL FEE: denied

PROP DIST TO W: ?

COMMENT: [not abuse of discretion to deny counsel fee where parties income approximately equal and marital debt exceeds marital assets]

CASE: Wilson v Wilson

CITE: AD2d , 641 NYS2d 703 (2d Dept.,1996)

YRS MAR: ?

H AGE: ?

H INCOME: ?

W AGE: ?

W INCOME: ?

CHILD SUPPORT: $155/wk (1 ch) retroactive to date of commencement

MAINTENANCE: ?

EXCL OCC: ?

HEALTH/MED INS: ?

DENTAL INS: ?

LIFE INS: ?

COUNSEL FEE: $2000 to wife

PROP DIST TO W: ?

COMMENT: [Where child support not awarded until sometime after commencement of action, retroactive support should be based on the parties income for each year that support is awarded.]

CASE: Winnie v Winnie

CITE: AD2d , 645 NYS2d 167 (3d Dept.,1996)

YRS MAR: 32

H AGE: 55

H INCOME: $50,000/yr

W AGE: 55

W INCOME: $42.10/mo

CHILD SUPPORT: n/a

MAINTENANCE: $200/wk

EXCL OCC: ?

HEALTH/MED INS: ?

DENTAL INS: ?

LIFE INS: ?

COUNSEL FEE: ?

PROP DIST TO W: 40% of husbands pension

COMMENT: [all assets acquired after Husband abandoned home 18 years before action awarded husband, except wife awarded 40% of pension and increased maintenance for being sole homemaker and child rearer]