EXCL OCC: to wife until youngest child completes elementary school

HEALTH/MED INS: none

DENTAL INS: none

LIFE INS: none

COUNSEL FEE: denied

PROP DIST TO W: none

COMMENT: [parties to share child's educational costs]

 CASE: Amara v. Amara

CITE: AD2d , NYS2d, NYLJ, 10-15-97, P. Col. (2nd Dept,1997) 1997 WL 619770

YRS MAR:? H AGE: ? H INCOME: ? W AGE: ? W INCOME: ?

CHILD SUPPORT: ?

MAINTENANCE: ?

EXCL OCC: ?

HEALTH/MED INS: ?

DENTAL INS: ?

LIFE INS: ?

COUNSEL FEE: to wife

PROP DIST TO W: pension to wife

COMMENT:

 CASE: Baker v. Baker

CITE: AD2d, 658 NYS2d 123 (3rd Dept., 1997)

YRS MAR: 25 H AGE: ? H INCOME: $64,500.00 W AGE: ? W INCOME: $1,300.00

CHILD SUPPORT: N/A

MAINTENANCE: $1,350.00/mo permanent terminable on death, remarriage or receipt of share of husband's pension.

EXCL OCC: ?

HEALTH/MED INS: ?

DENTAL INS: ?

LIFE INS: ?

COUNSEL FEE: $3000 pendente lite

PROP DIST TO W: ?

COMMENT: [plaintiff permanently and totally disabled]

 CASE: Basos v. Basos

CITE: AD2d , 663 NYS2d 387, (3rd Dept., 1997)

YRS MAR: 41 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: equal distribution

COMMENT: [generally, absent unusual circumstances, the marital residence should be sold following the judgment of divorce]

 CASE: Blechman v Blechman

CITE: AD2d , 650 NYS2d 456 (3d Dept.,1997)

YRS MAR: 12 H AGE: ? H INCOME: ? W AGE: ? W INCOME: ?

CHILD SUPPORT: ?[2Ch]

MAINTENANCE: $760/mo until marital residence sold, then $1000/mo for 5 yrs

EXCL OCC: ordered sold

HEALTH/MED INS: ?

DENTAL INS: ?

LIFE INS: ?

COUNSEL FEE: $3000

PROP DIST TO W: 50% of husbands law practice valued at $15,000; 50 % of husbands deferred compensation; 50% of proceeds of sale of marital residence after husband gets separate property contribution.

COMMENT: [Inheritance lost its character as separate property through

commingling with marital funds; legal fee with respect to file opened 6 months

before marriage is marital, absent sufficient proof of work done on

the case]

 CASE: Boughton v. Boughton

CITE: AD2d , 659 NYS2d 607 (4th Dept, 1997)

YRS MAR: ? H AGE: ? H INCOME: ? W AGE: ? W INCOME: ?

CHILD SUPPORT: ?

MAINTENANCE: $80 a week "lifetime" maintenance

EXCL OCC: ?

HEALTH/MED INS: ?

DENTAL INS: ?

LIFE INS: ?

COUNSEL FEE: ?

PROP DIST TO W: ?

COMMENT: [improper to calculate maintenance based solely on pre-divorce standard of living; must consider all of the factors in DRL 236 [B] [6] [a] [1]-[11]]

 CASE: Brown v Brown

CITE: AD2d , 657 NYS2d 764 (2d Dept. 1997)

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 impute income of $100,000 to husband based on his

testimony as to his earnings during the 3 years prior to the

commencement of the action of $107,000, $143,000 and $146,000]

 CASE: Cameron v. Cameron

CITE: AD2d , 661 NYS2d 113 (4th Dept, 1997)

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: to wife

PROP DIST TO W: ?

COMMENT: [trial court did not err in failing to include wife's receipt of either Social Security benefits or disability payments through Social Security Supplemental Income as events that would automatically terminate maintenance, but husband was entitled to credit, to be paid from proceeds of sale of marital residence, for withdrawal made by wife from joint line of credit without husband's knowledge or consent.]

 CASE: Carney v Carney

CITE: AD2d , 653 NYS2d 696 (2d Dept.,1997)

YRS MAR: ? H AGE: ? H INCOME: ? W AGE: ? W INCOME:$35,000

CHILD SUPPORT: $210 bi-weekly to husband retroactive to date of application

(date of amended answer requesting child support)

MAINTENANCE: ?

EXCL OCC: ?

HEALTH/MED INS: ?

DENTAL INS: ?

LIFE INS: ?

COUNSEL FEE: ?

PROP DIST TO W: 50% of husbands police disability pension

COMMENT: [Proper to determine pension is marital property where defendant fails to present expert evidence as to disability portion of pension; proper exercise of discretion to permit husband to move to reopen trial on this

issue; error not to make child support retroactive]

 CASE: Chiafari v Chiafari

CITE: NYLJ 5-22-97,P.34,Col.1, Sup.Ct.,Kings Co.(Harkavy,J.)

YRS MAR: 21 H AGE: 59 H INCOME: $3000/yr W AGE: 52 W INCOME:

CHILD SUPPORT: N/A

MAINTENANCE: husband's request denied

EXCL OCC: N/A

HEALTH/MED INS: No

DENTAL INS: No

LIFE INS: No

COUNSEL FEE: None

PROP DIST TO W: $401,052

COMMENT:

 CASE: Ciulla v Ciulla

CITE: AD2d , 655 NYS2d 632 (2d Dept. 1997)

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: 50% of net proceeds of sale of marital residence after each

party obtains separate property contributions

COMMENT:

 CASE: Coccetti v Coccetti

YRS MAR: ? H AGE: ? H INCOME: ? W AGE: ? W INCOME: ?

CHILD SUPPORT: ?

MAINTENANCE: $200/wk for six years

EXCL OCC: ?

HEALTH/MED INS: ?

DENTAL INS: ?

LIFE INS: ?

COUNSEL FEE: denied

PROP DIST TO W: remitted for further proceedings with regard to the distribution of the wife's pension

COMMENT:

 CASE: Cook v Cook

CITE: AD2d , 656 NYS2d 1000 (4th Dept. 1997)

YRS MAR: ? H AGE: ? H INCOME: ? W AGE: ? W INCOME: ?

CHILD SUPPORT: ?

MAINTENANCE: $2500/mo for 4 years

EXCL OCC: ?

HEALTH/MED INS: ?

DENTAL INS: ?

LIFE INS: ?

COUNSEL FEE: ?

PROP DIST TO W: 50% of marital property

COMMENT:

 CASE: Cymes v Cymes

CITE: AD2d , 653 NYS2d 4 (1st Dept.,1997)

YRS MAR: ? H AGE: ? H INCOME: ? W AGE: ? W INCOME: ?

CHILD SUPPORT: wife to pay

MAINTENANCE: ?

EXCL OCC: ?

HEALTH/MED INS: ?

DENTAL INS: ?

LIFE INS: ?

COUNSEL FEE: wife to pay

PROP DIST TO W: ?

COMMENT: [proper to impute income to wife based upon her failure to disclose required financial information]

 CASE: Daniels v Daniels

CITE: AD2d , 663 NYS2d 141 (1st Dept., 1997)

YRS MAR: 10moH AGE: ? H INCOME: ? W AGE: ? W INCOME: ?

CHILD SUPPORT: N/A

MAINTENANCE: $10,000/mo for 20 months retroactive to date of motion for pendente lite relief

EXCL OCC: ?

HEALTH/MED INS: ?

DENTAL INS: ?

LIFE INS: ?

COUNSEL FEE: to wife

PROP DIST TO W: ?

COMMENT: [credit for $231,563 for voluntary support payments during litigation exceeded support award]

 CASE: DeMarco v DeMarco

CITE: AD2d , 652 NYS2d 898 (3d Dept.,1997)

YRS MAR: 24 H AGE: 49 H INCOME: $72,200 W AGE: 47 W INCOME: $0

CHILD SUPPORT: n/a

MAINTENANCE: $1000/mo until 10/1/97, then $750/mo for 2 yrs, then $500/mo until husband reaches age 65, or the wifes death or remarriage

EXCL OCC: ?

HEALTH/MED INS: ?

DENTAL INS: ?

LIFE INS: ?

COUNSEL FEE: ?

PROP DIST TO W: ?

COMMENT: [unrealistic to expect wife will be able to maintain pre-divorce

standard of living without financial assistance from husband]

 CASE: Dempster v Dempster

CITE: AD2d , 654 NYS2d 653 (2d Dept.,1997)

YRS MAR: ? H AGE: ? H INCOME: ? W AGE: ? W INCOME: ?

CHILD SUPPORT: ?

MAINTENANCE: for wife (lifetime)

EXCL OCC: ?

HEALTH/MED INS: ?

DENTAL INS: ?

LIFE INS: ?

COUNSEL FEE: None

PROP DIST TO W: $2,092,000 + interest at 9% (for 50% of husbands business; $75,000 representing 50% of loan from husbands business he used to buy condominium.

COMMENT: [There is no uniform rule for fixing value of going business for

equitable distribution purposes; Determinations of 4th Department in Dempster v Dempster, 204 AD2d 1070, is law of the case; Distributive award is sufficient to enable wife to pay her attorney and expert fees]

 CASE: Donahue v. Donahue

CITE: 239 A.D.2d 543, 658 N.Y.S.2d 975 (2d Dept.1997)

YRS MAR: ? H AGE: ? H INCOME: ? W AGE: ? W INCOME: ?

CHILD SUPPORT: $126.00/wk and 73% of future reasonable health

care expenses of the children not covered by insurance

MAINTENANCE: denied

EXCL OCC: ?

HEALTH/MED INS: denied to wife

DENTAL INS: ?

LIFE INS: ?

COUNSEL FEE: ?

PROP DIST TO W: ?

COMMENT: [error not to require each party to pay share of reasonable health care expenses for the children]

 CASE: Dugan v Dugan

CITE: AD2d , 656 NYS2d 769 (2d Dept.,1997)

YRS MAR: 10 H AGE: H INCOME: W AGE: W INCOME:

CHILD SUPPORT: N/A

MAINTENANCE:

EXCL OCC:

HEALTH/MED INS:

DENTAL INS:

LIFE INS:

COUNSEL FEE: not warranted

PROP DIST TO W: 66% of "pooled assets" (marital residence and vacant lot)

COMMENT: [purchase price of realty close to commencement of action can support a finding of value; each party to retain individually titled assets; 66% of pooled assets to wife.]

 CASE: Ellis v Ellis

CITE: AD2d , 653 NYS2d 180 (3d Dept.,1997)

YRS MAR: 11 H AGE: ? H INCOME: ? W AGE: ? W INCOME: ?

CHILD SUPPORT: ?

MAINTENANCE: ?

EXCL OCC: ?

HEALTH/MED INS: ?

DENTAL INS: ?

LIFE INS: ?

COUNSEL FEE: awarded to wife

PROP DIST TO W: $5088

COMMENT: [correct method to compute appreciated value of stock]

 CASE: Ellman v. Ellman

CITE: NYLJ 12-12-97, P.34. Col 2, Sup. Ct, Nassau Co. (Joseph, J.)

YRS MAR: 14 H AGE: ? H INCOME: ? W AGE: ? W INCOME: ?

CHILD SUPPORT: n/a

MAINTENANCE: none

EXCL OCC: no

HEALTH/MED INS: none

DENTAL INS: none

LIFE INS: none

COUNSEL FEE: none

PROP DIST TO W: equal division of marital property

COMMENT: [3rd marriage for each]

 CASE: Fasano v Fasano

CITE: AD2d , NYS2d , NYLJ 4-9-97, P.30, Col.1 (2d Dept. 1997)

YRS MAR: ? H AGE: ? H INCOME: ? W AGE: ? W INCOME: ?

CHILD SUPPORT: ?

MAINTENANCE: ?

EXCL OCC: ?

HEALTH/MED INS: ?

DENTAL INS: ?

LIFE INS: ?

COUNSEL FEE: 9000

PROP DIST TO W: ?

COMMENT:

 CASE: Feeney v. Feeney

CITE: AD2d , 661 NYS2d 26 (2d Dept, 1997)

YRS MAR: 29 H AGE: ? H INCOME: ? W AGE: ? W INCOME: ?

CHILD SUPPORT: ?

MAINTENANCE: ?

EXCL OCC: ?

HEALTH/MED INS: ?

DENTAL INS: ?

LIFE INS: ?

COUNSEL FEE: $1500 to wife

PROP DIST TO W: $52,311.00

COMMENT: [80% of marital property awarded to husband.]

 CASE: Felicello v Felicello

CITE: AD2d , NYS2d , NYLJ 6-30-97, P.35, Col 2 (2d Dept 1997)

YRS MAR: ? H AGE: ? H INCOME: ? W AGE: ? W INCOME: ?

CHILD SUPPORT: ?

MAINTENANCE: for 10 years

EXCL OCC: ?

HEALTH/MED INS: ?

DENTAL INS: ?

LIFE INS: ?

COUNSEL FEE: ?

PROP DIST TO W: $200,000 for her 50% share of trucking business

COMMENT:

 CASE: Ferdinando v Ferdinando

CITE: AD2d , 654 NYS2d 652 (2d Dept.,1997) NYLJ,2-28-97,P.29,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: [wife awarded 75% of value of former marital residence in view of

wasteful dissipation of marital assets by husband]

 CASE: Finkelson v Finkelson

CITE: AD2d , 657 NYS2d 629 (1st Dept. 1997)

YRS MAR: 17 H AGE: ? H INCOME: ? W AGE: ? W INCOME: ?

CHILD SUPPORT: to wife (2 ch)

MAINTENANCE: to wife

EXCL OCC: title to wife

HEALTH/MED INS: ?

DENTAL INS:

LIFE INS: ?

COUNSEL FEE: to wife

PROP DIST TO W: marital property divided equally

COMMENT:

 CASE: Fraley v Fraley

CITE: AD2d , 652 NYS2d 889 (3d Dept.,1997)

YRS MAR: ? H AGE: ? H INCOME: ? W AGE: ? W INCOME: ?

CHILD SUPPORT: ?

MAINTENANCE: $100/wk for 7 yrs

EXCL OCC: ?

HEALTH/MED INS: ?

DENTAL INS: ?

LIFE INS: ?

COUNSEL FEE: denied

PROP DIST TO W: ?

COMMENT:

 CASE: Frei v Pearson

CITE: AD2d , NYS2d , NYLJ, 11-21-97, P.31, Col.4 (2nd Dept. 1997)

YRS MAR: ? H AGE: ? H INCOME: ? W AGE: ? W INCOME: ?

CHILD SUPPORT: remitted for new determination [3 ch]

MAINTENANCE: $1400/mo from 3/8/98 to 12/31/2000; then $500/mo for six years

EXCL OCC: ?

HEALTH/MED INS: ?

DENTAL INS: ?

LIFE INS: ?

COUNSEL FEE: ?

PROP DIST TO W: ?

COMMENT: [no appeal lies from Findings of Fact and Conclusions of law; error to fix child support without considering deductions for NYC tax, FICA and spousal maintenance; must pro-rate uninsured health care expenses; in making award for educational or college expenses, must consider need of parent to maintain a separate household and have money to live on after child support and maintenance paid]

 CASE: Gearns v Gearns

CITE: NYLJ, 2-5-97, P.26, Col.3, Sup.Ct.,NY Co.(Saxe,J.)

YRS MAR: 41 H AGE: 69 H INCOME: ? W AGE: 65 W INCOME: ?

CHILD SUPPORT: n/a

MAINTENANCE: none

EXCL OCC: title to wife

HEALTH/MED INS: no

DENTAL INS: no

LIFE INS: no

COUNSEL FEE: no

PROP DIST TO W: 50% of marital estate worth $2,541,063

COMMENT:

 CASE: Geisel v Geisel

CITE: AD2d , 659 NYS2d 511 (2nd Dept, 1997)

YRS MAR: ? H AGE: ? H INCOME: ? W AGE: ? W INCOME:?

CHILD SUPPORT: ?

MAINTENANCE: ?

EXCL OCC: ?

HEALTH/MED INS: ?

DENTAL INS: ?

LIFE INS: ?

COUNSEL FEE: to wife

PROP DIST TO W: ?

COMMENT: [although H was able to trace Vanguard account and GM stock, by placing assets in both parties names as joint tenants with right of survivorship H evinced on intent to transform the character of the property from

separate to martial].

 CASE: George v George

CITE: AD2d , 656 NYS2d 1016 (4th Dept. 1997)

YRS MAR: ? H AGE: ? H INCOME: ? W AGE: ? W INCOME: ?

CHILD SUPPORT: ?

MAINTENANCE: ?

EXCL OCC: ?

HEALTH/MED INS: ?

DENTAL INS: ?

LIFE INS: ?

COUNSEL FEE: to wife

PROP DIST TO W: ?

COMMENT: [farm valued at date of commencement of action]

 CASE: Gittelson v Gittelson

CITE: AD2d , 654 NYS2d 683 (2d Dept.,1997)

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: [appeal held in abeyance; remanded to trial court for further findings and expanded decision; court given permission to take further proof]

 CASE: Gustard v Gustard

CITE: NYLJ, 8-1-97, P. 25, Col. 5, Sup.Ct., Kings Co. (Douglass,J.)

YRS MAR: 27 H AGE: ? H INCOME: $31,000/YR W AGE: ? W INCOME: $1500/MO

CHILD SUPPORT: $135/WK [2 ch]

MAINTENANCE: none

EXCL OCC: N/A

HEALTH/MED INS: NO

DENTAL INS: NO

LIFE INS: NO

COUNSEL FEE: NO

PROP DIST TO W: entire proceeds of sale of house

COMMENT: [parties were separated since 1980; wife awarded entire proceeds of sale of house when husband never contributed to the house, the mortgage or child support]

 CASE: Harris v Harris

CITE: AD2d , NYS2d , NYLJ, 9-19-97, P.27, Col. 3 (2d Dept, 1997) 1997 WL581431

YRS MAR: 8 H AGE: ? H INCOME: ? W AGE:? W INCOME: ?

CHILD SUPPORT: $225.07/week [1 ch]

MAINTENANCE: to wife

EXCL OCC: ?

HEALTH/MED INS: ?

DENTAL INS: ?

LIFE INS: $300,000.00 for child

COUNSEL FEE: ?

PROP DIST TO W: ?

COMMENT: [While a judge who did not preside over a trial may not render a

decision thereon, the parties may stipulate that another judge can do so based on the trial transcripts and records; wife awarded 10% of value of husband's dental practice based on short duration of marriage and wife's minimal

contribution to practice; improper to exclude $1,000 for car lease payments deducted by the husband as a business expense from his income for the purpose of determining child support]

 CASE: Junkins v Junkins

CITE: AD2d , NYLJ 4-25-97, P. 28, Col. 5 (2d Dept. 1997)

YRS MAR: ? H AGE: ? H INCOME: ? W AGE: ? W INCOME: ?

CHILD SUPPORT: remitted for new determination; husband to pay pro rata share of reasonable health care expenses not covered by insurance

MAINTENANCE: denied

EXCL OCC: ?

HEALTH/MED INS: ?

DENTAL INS: ?

LIFE INS: ?

COUNSEL FEE: ?

PROP DIST TO W: ?

COMMENT: [error to fail to include rental income in calculating child support;

error to fail to add reasonable child care expenses to "BCSO"; tax exemption for two children should be split evenly; proper to impute $40,000

of income to wife; BCSO = Basic child support obligation]

 CASE: Justino v Justino

CITE: AD2d , 654 NYS2d 471 (2d Dept, 1997)

YRS MAR: 7 H AGE: ? H INCOME: ? W AGE: ? W INCOME: ?

CHILD SUPPORT: $440/wk per stipulation plus proportionate share of college expenses

MAINTENANCE: $200/wk for six years and supplemental maintenance of $50/wk

EXCL OCC: ?

HEALTH/MED INS: ?

DENTAL INS: ?

LIFE INS: ?

COUNSEL FEE: ?

PROP DIST TO W: ?

COMMENT: [child support to be reduced and credited toward college costs when child[ren] living away from home while attending college; error not to do so)]

 CASE: Kaprellian v Kaprellian

CITE: AD2d , 653 NYS2d 634 (2d Dept., 1997)

YRS MAR: ? H AGE: ? H INCOME: ? W AGE: ? W INCOME: ?

CHILD SUPPORT: ?

MAINTENANCE: $300/wk lifetime

EXCL OCC: ?

HEALTH/MED INS: ?

DENTAL INS: ?

LIFE INS: ?

COUNSEL FEE: remitted for new determination

PROP DIST TO W: ?

COMMENT: [testimony of actuarial expert as to valuation of husband's annuity

precluded where wife never responded to CPLR 3101(d) demand and did not inform husband until after trial began that she would proffer

expert. Counsel represented that valuation would not be contested. No

reasonable excuse for delay. Experts fees for actuary vacated.

 CASE: Kerzner v Kerzner

CITE: NYLJ, 1-14-97, P.29, Col.3, Sup.Ct., NY County (Saxe,J.)

YRS MAR: ? H AGE: ? H INCOME: ? W AGE: ? W INCOME: ?

CHILD SUPPORT: ?

MAINTENANCE: ?

EXCL OCC: ?

HEALTH/MED INS: ?

DENTAL INS: ?

LIFE INS: ?

COUNSEL FEE: $1,004,749 counsel fees & $237,500 expert fees to wife

PROP DIST TO W: ?

COMMENT: [Counsel fees in excess of $1 million awarded to wifes 4 attorneys

because of husbands obstructionistic conduct]

 CASE: Kwong-Yu Lee v. Chan

CITE: AD2d, NYS2d , NYLJ, 12-4-97, P.32, Col.5 (2nd Dept. 1997)

YRS MAR: ? H AGE: ? H INCOME: ? W AGE: ? W INCOME: ?

CHILD SUPPORT: ?

MAINTENANCE: ?

EXCL OCC: ?

HEALTH/MED INS: ?

DENTAL INS: ?

LIFE INS: ?

COUNSEL FEE: denied to husband

PROP DIST TO W: 50% of marital property

COMMENT: [counsel fees are "nonetheless to be controlled by the equities of the case and the financial situation of the parties"]

 CASE: Laino v Laino

CITE: AD2d , NYS2d (1st Dept.,1997) NYLJ,2-14-97, P.28,Col.1

YRS MAR: ? H AGE: ? H INCOME: ? W AGE: ? W INCOME: ?

CHILD SUPPORT: ?

MAINTENANCE: to plaintiff wife

EXCL OCC: ?

HEALTH/MED INS: ?

DENTAL INS: ?

LIFE INS: ?

COUNSEL FEE: ?

PROP DIST TO W: ?

COMMENT:

 CASE: Lapham v Ruflin

CITE: AD2d, 661 NYS2d 373 (4th Dept, 1997)

YRS MAR: 12 H AGE: ? H INCOME: $300/wk W AGE: ? W INCOME: $80,000/yr

CHILD SUPPORT: remitted for determination

MAINTENANCE: ?

EXCL OCC: ?

HEALTH/MED INS: ?

DENTAL INS: ?

LIFE INS: ?

COUNSEL FEE: ?

PROP DIST TO W: equal distribution of marital property.

COMMENT: [husband receiving unemployment insurance; teaching certification in mathematics is a marital asset; error not to award child support retroactive to date of application(answer); credit card incentive that was redeemable only in form of discount on purchase or lease of specific manufacturer's vehicle could not be divided equally between parties.]

 CASE: Lawton v Lawton

CITE: AD2d , 659 NYS2d 644 (4th Dept. 1997)

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: [Appellate Division directs that husband pay counsel fee's generated by the Appeal; good cause established under 22 NYCRR 202.48 (b) for 17 day delay in submitting divorce judgment; arguments raised for the first time on appeal and contrary to arguments raised before trial court are not properly before Appellate Division]

 CASE: Lazarus v Lazarus

CITE: AD2d , 659 NYS2d 59 (2nd Dept., 1997)

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: [judgment of divorce did not make equitable distribution, and subsequent judgment made equitable distribution but no divorce. They are not defective: Busa 196 AD2d 267; Sullivan 174 AD2d 862 (3rd Dept)]

 CASE: L'Esperance v L'Esperance

CITE: AD2d , 663 NYS2d 95 (2nd Dept. 1997)

YRS MAR: 19 H AGE: ? H INCOME: ? W AGE: ? W INCOME: ?

CHILD SUPPORT: ?

MAINTENANCE: $1500/mo for 10 years

EXCL OCC: ?

HEALTH/MED INS: ?

DENTAL INS: ?

LIFE INS: ?

COUNSEL FEE: ?

PROP DIST TO W: 40% of business worth $1,950,000

COMMENT: [determination of factfinder as to value of a going business, if within the range of testimony presented will not be disturbed on appeal if it rests primarily on the credibility of expert witnesses and their

valuation techniques]

 CASE: Lester v Lester

CITE: AD2d , 654 NYS2d 528 (4th Dept. 1997)

YRS MAR: ? H AGE: ? H INCOME: ? W AGE: 38 W INCOME: ?

CHILD SUPPORT: remitted for factors considered and reasons for the determination

MAINTENANCE: for 3 years

EXCL OCC: ?

HEALTH/MED INS: ?

DENTAL INS: ?

LIFE INS: for children

COUNSEL FEE: ?

PROP DIST TO W: 25% of value of her total interest in a business and 25% of

value of husbands interest in a real estate partnership, paid out over 10 yrs

COMMENT: [error to fail to make support awards retroactive to date of

defendant's application; subject to credit for voluntary payments; interest of

1% over prime awarded on pay-out of distributive award; abuse of

discretion to impose a 4 hour time limit on cross examination of husband; such

error doesn't require reversal]

 CASE: Litwack v Litwack

CITE: AD2d , 655 NYS2d 613 (2d Dept., 1997)

YRS MAR: ? H AGE: ? H INCOME: ? W AGE: ? W INCOME: ?

CHILD SUPPORT: $2900 mo + pro-rata share of twins college expense less credit for one half of child support for each child away from home at college

MAINTENANCE: $100/wk for five years

EXCL OCC: to wife until twins 18 or emancipated

HEALTH/MED INS: ?

DENTAL INS: ?

LIFE INS: ?

COUNSEL FEE: ?

PROP DIST TO W: ?

COMMENT: [father authorized to declare all 3 children as his dependents for income tax purposes. Improper to direct payment of child support and contribution to college expenses without reducing level of child

support or give credit to father for amount contributed to college costs when children away from home]

 CASE: Lukacs v Lukacs

CITE: AD2d , 657 NYS2d 191 (2d Dept. 1997)

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 award wife portion of appreciation in value of husbands one-third interest in a building and direct that he purchase it at Fair market value to be established by appraisal or agreement within 90 days after date of

judgment and_that his interest be sold and the wife receive her share from

proceeds; parties failed to offer any evidence of current value of business]

 CASE: Magnotta v Magnotta

CITE: AD2d, NYS2d , NYLJ, 5-13-97, P.29,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: 50% of marital residence and 25% of the remaining marital assets

COMMENT:

 CASE: Magnus v Magnus

CITE: NYLJ, 8-21-97, P.27, Col.4, Sup. Ct., Co. (Gazzillo, J.)

YRS MAR: 28 H AGE: 50 H INCOME: W AGE: 47 W INCOME: $747/WK

CHILD SUPPORT: N/A

MAINTENANCE: $250/wk for 3 yrs. from date of divorce judgment

EXCL OCC: to be sold

HEALTH/MED INS: ?

DENTAL INS: ?

LIFE INS: ?

COUNSEL FEE: ?

PROP DIST TO W: ?

COMMENT: [credit to husband for 40% of mortgage and utilities he voluntarily

paid during pendency of action]

 CASE: Maraham v Maraham

CITE: AD2d , NYS2d , NYLJ 12-15-97, P.26, Col 2 (1st Dept, 1997)

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: [Penalizing party in division of property is appropriate where his

egregious economic misconduct has prevented the court from making an equitable distribution (by secreting assets and squandering money ); interest

on judgment from date of entry is for use of another's money, not a penalty.

Date of commencement is appropriate valuation date notwithstanding another judges pre-trial ruling; App Div not bound by law of the case and no request for same at trial].

 CASE: Matisoff v Dobi

CITE: AD2d , 663 NYS2d 526 (1st Dept, 1997)

YRS MAR: ? H AGE: ? H INCOME: ? W AGE: ? W INCOME: ?

CHILD SUPPORT: N/A

MAINTENANCE: ?

EXCL OCC: ?

HEALTH/MED INS: ?

DENTAL INS: ?

LIFE INS: ?

COUNSEL FEE: 40% to wife

PROP DIST TO W: 40% of husbands entire earning potential of $2,827,812

COMMENT:

 CASE: McCallum v McCallum

CITE: AD2d , 654 NYS2d 522 (4th Dept. 1997)

YRS MAR: 10 H AGE: ? H INCOME: $37,000/yr W AGE:? W INCOME: ?

CHILD SUPPORT: ?

MAINTENANCE: $200/mo for 2 years

EXCL OCC: ?

HEALTH/MED INS: ?

DENTAL INS: ?

LIFE INS: ?

COUNSEL FEE: ?

PROP DIST TO W: each party directed to pay one-half of marital debt

COMMENT: [error to refuse to apportion repayment of debt incurred for payment of marital expenses]

 CASE: Morgan v. Allen

CITE: NYLJ, 8-7-97, p.33, Col.2, Sup. Ct., Rockland Co. (Miller, J.)

YRS MAR: ? H AGE: ? H INCOME: $500,000.00 W AGE: ? W INCOME: $57,000.00

CHILD SUPPORT: N/A

MAINTENANCE: none

EXCL OCC: ?

HEALTH/MED INS: ?

DENTAL INS: ?

LIFE INS: ?

COUNSEL FEE: ?

PROP DIST TO W: $56764 (40% of 13% of value of husband's business) and her teacher's license.

COMMENT: [void marriage does not preclude equitable distribution of martial

property acquired during period of void marriage; no distribution of assets

acquired after parties separation 13 years ago]

 CASE: Musacchio v. Musacchio

CITE: NYLJ 7-31-97, P.25, Col. 4 Sup Ct. Kings Co. (Harkavy, J.)

YRS MAR: 26 H AGE: 50 H INCOME: ? W AGE: 49 W INCOME:

CHILD SUPPORT: ?

MAINTENANCE: $200/week for 4 yrs, then $100/ week for 4 years.

EXCL OCC: to wife

HEALTH/MED INS: ?

DENTAL INS:?

LIFE INS: ?

COUNSEL FEE: ?

PROP DIST TO W: 50% of marital property

COMMENT: [equal distribution of marital property].

 CASE: Mutt v. Mutt

CITE: 662 NYS2d 133

YRS MAR: ? H AGE: ? H INCOME: ? W AGE: ? W INCOME: ?

CHILD SUPPORT: ?

MAINTENANCE: ?

EXCL OCC: to wife

HEALTH/MED INS: ?

DENTAL INS: ?

LIFE INS: ?

COUNSEL FEE: husband to pay 1/2 of fee for valuing marital assets

PROP DIST TO W: 50% of value of business started after marriage by husband

COMMENT: [ not error to distribute 100% of the parties' interest in residence to plaintiff, where second marriage for both parties, both owned homes before they wed, entire down payment, which represented a substantial share of the purchase price, came from plaintiff's separate property.]

 CASE: Natoli v Natoli

CITE: AD2d , 651 NYS2d 618 (2d Dept.,1996)

YRS MAR: ? H AGE: ? H INCOME: ? W AGE: ? W INCOME: ?

CHILD SUPPORT: $400/mo [1 ch]

MAINTENANCE: ?

EXCL OCC: ?

HEALTH/MED INS: ?

DENTAL INS: ?

LIFE INS: ?

COUNSEL FEE: ?

PROP DIST TO W: ?

COMMENT:

 CASE: Nee v Nee

CITE: AD2d , 658 NYS2d 440 (2d Dept.,1997)

YRS MAR: ? H AGE: ? H INCOME: $72,000. W AGE: ? W INCOME: ?

CHILD SUPPORT: $9137/year

MAINTENANCE: $500/month for 5 years

EXCL OCC: ?

HEALTH/MED INS: ?

DENTAL INS: ?

LIFE INS: ?

COUNSEL FEE: remitted for hearing

PROP DIST TO W: ?

COMMENT:[ Maintenance reduced where husband was paying $9,137.84 per year in child support and wife received considerable assets from the distributive award. Not improvident exercise of discretion to value defendant's pension as of date of commencement ot his divorce action as opposed to date previous, discontinued divorce action between the parties was commenced. Considering disparity in the incomes of the parties and defendant's tactics, which unnecessarily prolonged litigation, it was appropriate to require defendant to pay plaintiff's

counsel fees ]

 CASE: O'Shea v O'Shea

CITE: AD2d , NYLJ 4-1-97, P.30, Col. 3 (2d Dept. 1997)

YRS MAR: H AGE: H INCOME: W AGE: W INCOME:

CHILD SUPPORT:

MAINTENANCE: $2500/mo until wife age 65, dies or remarries

EXCL OCC:

HEALTH/MED INS:

DENTAL INS:

LIFE INS: yes - to secure maintenance

COUNSEL FEE: to wife

PROP DIST TO W:

COMMENT:

 CASE: Palazzolo v. Palazzolo

CITE: AD2d, 663 NYS2d 58 (2nd Dept, 1997)

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: ?

PROP DIST TO W: 50% of marital portion of husband's disability pension

COMMENT: [until the contrary is established, the entire disability pension is marital property]

 CASE: Parker v Parker

CITE: AD2d , NYS2d , NYLJ 6-20-97, P.32, Col.5 (2d Dept. 1997)

YRS MAR: ? H AGE: ? H INCOME: ? W AGE: ? W INCOME: ?

CHILD SUPPORT: ?

MAINTENANCE: $1,000/mo for 8 years

EXCL OCC: ?

HEALTH/MED INS: ?

DENTAL INS: ?

LIFE INS: ?

COUNSEL FEE: $22,500

PROP DIST TO W: ?

COMMENT: [Husband's claims for his separate property contributions were

not established by clear and convincing evidence]

 CASE: Patek v. Patek

CITE: 239 A.D.2d 327, 657 N.Y.S.2d 738 (2d Dept.,1997)

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: [Error to calculate child support based on imputed income of $30,000 per year, as the calculation of the party's earning potential must have some basis in law and fact. Error to award defendant retroactive credits

as a result of a downward modification of his pendente lite maintenance and

child support obligations. A downward modification may operate only

prospectively.]

 CASE: Pelletier v. Pelletier

CITE: AD2d, NYS2d, NYLJ, 8-21-97, p.25 Col. 3 (2d Dept. 1997)

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: 50% of marital portion of husband's pension

COMMENT: [pension established during the marriage is marital property]

 CASE: Peter v Peter

CITE: AD2d , 657 NYS2d 738 (2d Dept. 1997)

YRS MAR: H AGE: H INCOME: W AGE: W INCOME:

CHILD SUPPORT:

MAINTENANCE:

EXCL OCC:

HEALTH/MED INS:

DENTAL INS:

LIFE INS:

COUNSEL FEE: remitted for hearing

PROP DIST TO W:

COMMENT: [In computing income on the basis of a parties earning potential, the calculation must have some basis in law or in fact; downward modification of pendente lite support may only operate prospectively; not entitled

to credit for overpayment; no basis to award law guardian a future retainer]

 CASE: Philippou v. Philippou

CITE: NYLJ 11-18-97, P.30, Col 2, Sup Ct, Nassau Co. (O'Connell, J.)

YRS MAR: 14 H AGE: ? H INCOME:$400,000 W AGE: ? W INCOME: ?

CHILD SUPPORT: $75,000.00 [2 ch.]

MAINTENANCE: none

EXCL OCC: to be determined

HEALTH/MED INS: no

DENTAL INS: no

LIFE INS: none

COUNSEL FEE: ?

PROP DIST TO W: [wife awarded $135,000.00 in eight payments for her share of medical practice and 50% ($127,938) of marital assets.

COMMENT: [Husband's medical practice as an independent contractor at a hospital is a marital asset; court used income of $200,000 to fix child support reducing earnings in excess of $210,000 to current asset value.]

 CASE: Reczek v. Reczek

CITE: AD2d, 659 NYS2d 641 (4th Dept, 1997)

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: $42,178.70 representing her 35% equitable share of husband's enhanced earnings by virtue of his doctoral degree as reduced by his enhanced maintenance award of $100,800.00 and the husband's 25% equitable share of his earnings attributed to the wife's degree in Nursing.

COMMENT: [Where there is an award of maintenance, the court is obligated to

reduce the value of the enhanced earnings by the amount awarded in maintenance. Not to do so would involve a double counting of the same income; interest from judgment on payout of distributive award over 7 years.]

 CASE: Rheinheimer v Rheinheimer

CITE: AD2d , 652 NYS2d 410 (3d Dept.,1997)

YRS MAR: ? H AGE: ? H INCOME: ? W AGE: ? W INCOME: ?

CHILD SUPPORT: awarded

MAINTENANCE: $200/wk non-durational

EXCL OCC: ?

HEALTH/MED INS: ?

DENTAL INS: ?

LIFE INS: ?

COUNSEL FEE: ?

PROP DIST TO W: 60% of the marital property

COMMENT: [No requirement that "equitable be equal"; Proper to attribute $300/wk income to husband for business he voluntarily discontinued at time action commenced and rental income he could have earned had he rented an

apartment he claimed was vacant]

 CASE: Sangiorgio v. Sangiorgio

CITE: 173 Misc.2d 625, 662 N.Y.S.2d 220 (Sup.Ct.,1997)

YRS MAR: 17 H AGE: ? H INCOME: ? W AGE: ? W INCOME: ?

CHILD SUPPORT: $1,588/mo and [2 ch.] provide health insurance for the children and pay for the elementary school tuition of his daughter, as well as his pro-rata share of the unreimbursed medical expenses. The father was also directed to pay pro-rata college tuition for the two daughters, limited by the tuition then charged by the State or City Universities of New York.

MAINTENANCE: no

EXCL OCC: ?

HEALTH/MED INS: for children

DENTAL INS: no

LIFE INS: no

COUNSEL FEE: none

PROP DIST TO W: $163,958 which represented 1/3 of the assets at the date of commencement (1997) and payable over 15 years at 9%

COMMENT: [veterinarian practice valued by value to another professional; wife

awarded 1/2 of value; wife is prohibited by law from being a partner in

husband's professional service corporation.]

 CASE: Schadoff v. Schadoff

CITE: AD2d, 665 N.Y.S.2d 917 (2d Dept.,1997)

YRS MAR: ? H AGE: ? H INCOME: ? W AGE: ? W INCOME: ?

CHILD SUPPORT: ?

MAINTENANCE: $200/wk for 600 weeks then $300 week permanent.

EXCL OCC: ?

HEALTH/MED INS: ?

DENTAL INS: ?

LIFE INS: ?

COUNSEL FEE: denied

PROP DIST TO W: ?

COMMENT:

 CASE: Schwartz v Schwartz

CITE: AD2d , 652 NYS2d 615 (2d Dept.,1997)

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: [determination that husband forfeited right to distributive award by

his conduct involving granting of get does not constitute impermissible interference with religion]

 CASE: Tissot v. Tissot

CITE: AD2d, 662, NYS2d 599, (2nd Dept, 1997)

YRS MAR: ? H AGE: ? H INCOME: ? W AGE: ? W INCOME: ?

CHILD SUPPORT: ?

MAINTENANCE: $150/mo to husband

EXCL OCC: ?

HEALTH/MED INS: ?

DENTAL INS: ?

LIFE INS: ?

COUNSEL FEE: ?

PROP DIST TO W: ?

COMMENT:

 CASE: Vail-Beserini v Beserini

CITE: AD2d , 654 NYS2d 471 (2d Dept., 1997)

YRS MAR: 10 H AGE: ? H INCOME: ? W AGE: ? W INCOME: ?

CHILD SUPPORT: N/A

MAINTENANCE: $4500/mo for 4 years

EXCL OCC: ?

HEALTH/MED INS: ?

DENTAL INS: ?

LIFE INS: ?

COUNSEL FEE: $85,000 and $24,194 expert witness fees

PROP DIST TO W: 40% of increased value of husbands medical practice totalling $292,000; IRA worth $104,000. horse farm worth $182,000; 40% ($29,110) of value of annuity policy; 40% ($57,382) of limited partnership and real estate interests;

COMMENT: [App.Div. determined value of medical practice do novo; must add in salaries and pension contribution; marital funds used to pay off the debt on

separate property are to be credited to the marital estate only

where the indebtedness was the result of expenditure for improvement or

reimbursement to the separate property]

 CASE: Vainchenker v. Vainchenkeer

CITE: AD2d, 662 NYS2d 545 (2d Dept.1997)

YRS MAR: 19 H AGE: ? H INCOME: ? W AGE: ? W INCOME: ?

CHILD SUPPORT:$554/wk, except when older child away at college and husband is paying child support 1/3 to be credited towards his contribution for the college costs. Husband obligated for pro-rata share of oldest child's college expenses. [3 ch.]

MAINTENANCE: no

EXCL OCC: ?

HEALTH/MED INS: ?

DENTAL INS: ?

LIFE INS: ?

COUNSEL FEE: ?

PROP DIST TO W: 50% of marital property

COMMENT: [ enhanced earning capacity attributed to Russian doctors New York medical license is marital property; husband to pay pro rata share of eldest child's college expenses, with provision for reduction of child support.]

 CASE: Weisfelner v. Weisfelner

CITE: NYLJ 11-24-97, P.35, Col.2

YRS MAR: ? H AGE: ? H INCOME: ? W AGE: ? W INCOME: ?

CHILD SUPPORT: $207/wk

MAINTENANCE: $257/wk for seven years

EXCL OCC: ?

HEALTH/MED INS: ?

DENTAL INS: ?

LIFE INS: ?

COUNSEL FEE: ?

PROP DIST TO W: ?

COMMENT:

 CASE: Zaremba v Zaremba

CITE: AD2d , 654 NYS2d 176 (2d Dept.,1997)

YRS MAR: ? H AGE: ? H INCOME:$ 152,254/yr W AGE: ? W INCOME: ?

CHILD SUPPORT: $3097/mo

MAINTENANCE: $2000/mo for 9 yrs

EXCL OCC: ?

HEALTH/MED INS: ?

DENTAL INS: ?

LIFE INS: ?

COUNSEL FEE: ?

PROP DIST TO W: ?

COMMENT: [ trial court justified in imputing income to husband; court permitted to draw inferences favorable to wife by reason of husbands failure to disclose information critical to assessment of his finances; children are

entitled to share in standard of living parents are capable of providing; proper

to base child support on income in excess of $80,000 where no extraordinary

circumstances are present]