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SUMMARIES OF EQUITABLE DISTRIBUTION CASES REPORTED IN 2000

 CASE: Allen v Allen

CITE: __AD2d__, 693 NYS2d 708 (3d Dept, 1999)

YRS MAR: 12 H AGE: 54 H INCOME: $46,869/yr W AGE: 53 W INCOME: $18,485/yr

CHILD SUPPORT: N/A

MAINTENANCE: $125/wk for 6 years

EXCL OCC: ?

HEALTH/MED INS: ?

DENTAL INS: ?

LIFE INS: ?

COUNSEL FEE: ?

PROP DIST TO W: $5700 (including half of value of appreciation of husband's

business.

COMMENT: [Where adverse party stipulates to introduction of expert report into

evidence and does not offer proof at trial concerning increase in value of husband's business nor object to inflation adjustment used by expert, figures contained in report may not be challenged as inaccurate; property acquired by one spouse as a gift or inheritance during a marriage, and retained separately, is not marital property.]

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 CASE: Barnaby v Barnaby

CITE: __AD2d__, 686 NYS 2d 230 (3d Dept, 1999)

YRS MAR: H AGE: H INCOME: $400/wk W AGE: W INCOME: $16000/yr

CHILD SUPPORT:

MAINTENANCE: $500/mo for 10 yrs

EXCL OCC:

HEALTH/MED INS:

DENTAL INS:

LIFE INS:

COUNSEL FEE: remitted for hearing

PROP DIST TO W:

COMMENT: Income of $53000/yr imputed to husband; child support is predicated on

parents ability to provide support and not necessarily his/her current financial plight.

 CASE: Block v Block

CITE: _AD2d_, 685 NYS2d 443 (1st Dept, 1999)

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

CHILD SUPPORT: $2145/mo + unreimbursed medical, dental & optical expenses

MAINTENANCE: $2500/mo until youngest child in kindergarten

EXCL OCC:

HEALTH/MED INS: for parties children

DENTAL INS:

LIFE INS:

COUNSEL FEE: $60,000

PROP DIST TO W: 50% of value of law practice and 50% of proceeds of sale of

marital home

COMMENT: [capitalization of earnings approach to value of law practice goodwill

was proper, as was application of a weighted average and a capitalization factor of 33 1/3%; abuse of discretion to award arbitrary 25% of the net fees to be recovered by husband in contingency fee cases he commenced prior to the action; value of such cases to be determined by comparing percentage of time spent by husband during the marriage with the total time he spent in reaching each ultimate recovery. Since defendant is bearing all of children's financial needs he should be permitted to declare them as tax exemptions. Improper to deduct maintenance from defendant's income in

calculating child support where no provision for concomitant increase in child

support upon termination of maintenance.]

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 CASE: Bogdan v. Bogdan

CITE: __AD2d__, __NYS2d__ (2d Dept, 1999)

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: [Expenses incurred prior to the commencement of the action constitute

marital debt and should be equally shared by the parties]

 CASE: Brennan v. Brennan

CITE: NYLJ, 10-15-99, P.__, col __, Supreme Court, Richmond County (Harkavy, J.)

YRS MAR: 19 H AGE: H INCOME: W AGE: W INCOME: $65,000

CHILD SUPPORT: $1415/mo (3 ) to husband

MAINTENANCE: none

EXCL OCC:

HEALTH/MED INS:

DENTAL INS:

LIFE INS:

COUNSEL FEE: none

PROP DIST TO W: 50% of her answering service business and 50% of all marital

assets;

COMMENT: [wife addicted to cocaine and Tylenol with codeine taken for MS; wife's

testimony devoid of credibiity; wife's lack of credibility and failure to comply with court orders consider under factor 13; wife's responsibility for 100% for law guardians fees]

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 CASE: Butler v. Butler

CITE: _AD2d_, 683 NYS2d 603 (3d Dept., 1998)

YRS MAR: 24 H AGE: 47 H INCOME: $132/wk W AGE: 63 W INCOME: $1,156/mo

CHILD SUPPORT: n/a

MAINTENANCE: denied

EXCL OCC:

HEALTH/MED INS:

DENTAL INS:

LIFE INS:

COUNSEL FEE:

PROP DIST TO W: all of her pension benefits; furnishings in marital residence

COMMENT: [valuation of assets at trial date is justified when using date of

commencement would be inequitable; Factors in DRL 236 (B)(5)(d) do not have to

be specifically cited in decision where evident they were considered and reasons for decision articulated; value of furnishings listed in a loan application is inadequate proof

of value in light of parties incomes and standard of living]

 CASE: Carlson-Subik v. Subik

CITE: _AD2d_, 684 NYS2d 65 (3d Dept., 1999)

YRS MAR: 21 H AGE: H INCOME: W AGE: W INCOME:

CHILD SUPPORT: ?

MAINTENANCE: $300/wk personal

EXCL OCC:

HEALTH/MED INS:

DENTAL INS:

LIFE INS:

COUNSEL FEE: remitted for a hearing

PROP DIST TO W: 75% to wife

COMMENT: [proper to attribute or impute income in fixing child support ($42,000)

based upon a prior employment experience *** as well as a parents future earning

capacity in light of his educational background; proper to impute as income monies received from aunt and parents; 75% of marital property to wife where husband secreted and wrongfully dissipated marital assets]

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 CASE: Castiglione v. Castiglione

CITE: _AD2d_, _NYS2d_, NYLJ, 3-23-99, P. 31 Col. 3 (2d Dept., 1999)

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

CHILD SUPPORT:

MAINTENANCE: $300/wk personal

EXCL OCC:

HEALTH/MED INS:

DENTAL INS:

LIFE INS:

COUNSEL FEE: denied

PROP DIST TO W:

COMMENT: [where parties stipulated that each would receive half of husbands

pension payments when distributed, error to direct that maintenance payment be reduced in future by amount of that payment]

 CASE: Chadwick v. Chadwick

CITE: _AD2d_, 684 NYS2d 129 (4th Dept., 1998)

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

PROP DIST TO W:

COMMENT: [proper to preclude defendant from presenting evidence tracing origin of

jointly held stocks to his separate property because he claimed no separate property in response to wife's discovery demand; error to award counsel fee on stipulation for submission on affidavits if no affidavit is submitted]

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 CASE: Chambers v Chambers

CITE: __AD2d__, 686 NYS 2d 1999 (3d Dept. 1999)

YRS MAR: 38 H AGE: H INCOME: $51,178 W AGE: W INCOME: $18,836

CHILD SUPPORT: N/A

MAINTANCE : $250/wk until husband retires and begins drawing a pension.

EXCL OCC:

HEALTH/MED INS:

DENTAL INS:

LIFE INS:

COUNSEL FEE:

PROP DIST TO W:

COMMENT: [Error to direct each party to elect a pension option which provides

that if your beneficiary survives you, your total monthly allowance will be paid to him. her for life, where this reduces his payment during life by 19% and is greater than under Majauskas formula; deferred distribution of pension appropriate where no present ability to pay; no credit for separate fund placed into joint account and then back in spounse's name where he fails to establish that the account was created only as a matter of convenience.]

 CASE: Chervin v. Chervin

CITE: __AD2d__, 695 NYS2d 565 (1st Dept., 1999)

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

CHILD SUPPORT: to wife plus 2/3 of all child care, medical and educational

expenses

MAINTENANCE: "permanent maintenance" to wife

EXCL OCC:

HEALTH/MED INS:

DENTAL INS:

LIFE INS:

COUNSEL FEE: to wife

PROP DIST TO W:

COMMENT:

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 CASE: CRANE v CRANE

CITE: __AD2d__,694 NYS2d 763 (2dDept, 1999)

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

CHILD SUPPORT: [2 ch]

MAINTENANCE:

EXCL OCC: to wife until youngest child 18

HEALTH/MED INS:

DENTAL INS:

LIFE INS:

COUNSEL FEE:

PROP DIST TO W:

COMMENT: [Where need of custodial parent to occupy marital home outweighs

father's need for his share of sale proceeds exclusive occupancy of marital home

should be awarded; a downward modification of pendente lite child support by trial court may only operate prospectively.]

 CASE: DeLuca v DeLuca

CITE: NYLJ, 7-6-99, P __, Col__ Supreme Court, Co.(Geller, J.H.O.)

YRS MAR: 33 H AGE: 56 H INCOME: W AGE: 56 W INCOME:

CHILD SUPPORT: $150/wk "lifetime maintenance"

MAINTENANCE:

EXCL OCC:

HEALTH/MED INS: for wife (50% to be paid by Husband)

DENTAL INS:

LIFE INS: for wife

COUNSEL FEE: $20,000

PROP DIST TO W: 50% of marital property

COMMENT: [parties lived apart for approximately 20 years; variable supplement

fund of retired police officer is marital property; obstructenistic taches current counsel fee]

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 CASE: Dieckman v. Dieckman

CITE: NYLJ, 8-13-99, P__. Col __, Supreme Court, Kings County, (Garson, J.)

YRS MAR: 14 H AGE: 54 H INCOME: $50,800 W AGE: 58 W INCOME:

CHILD SUPPORT: n/a

MAINTENANCE: denied

EXCL OCC:

HEALTH/MED INS:

DENTAL INS:

LIFE INS:

COUNSEL FEE: $20,000 to husband

PROP DIST TO W: 50% of marital real property and 75% of her liquid assets and

25% of marital portion of husband's pension

COMMENT: [appreciation of marital residence due to inflation of marital forces

is not marital property; court considered under factor 13; wife's failure to failure to disclose ownership interest in a business and failure to place proceeds of sale of property into escrow account per court order; wife responsible for loss of all of parties liquid assets]

 CASE: DiFilippo v DiFilippo

CITE: __AD2d__, 692 NYSd 259 (4th Dept, 1999)

YRS MAR: 35+ H AGE: H INCOME: W AGE: 59 W INCOME:

CHILD SUPPORT:

MAINTENANCE: $750/wk non-durational

EXCL OCC:

HEALTH/MED INS:

DENTAL INS:

LIFE INS:

COUNSEL FEE: TO WIFE

PROP DIST TO W:

COMMENT:

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 CASE: Dougherty v Dougherty

CITE: _AD2d_, 680 NYS2d 759 (3rd Dept, 1998)

YRS MAR: 22 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: 40% of value of marital residene and 50% of other marital

assets.

COMMENT: [artwork to be sold if parties can't agree to its division; husband

personally constructed marital home]

 CASE: Dunnan v Dunnan

CITE: -AD2d, 690 NYS2d 46 (1st Dept., 1999)

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

CHILD SUPPORT:

MAINTENANCE: $5,000/mo "permanent lifetime maintenance"

EXCL OCC:

HEALTH/MED INS:

DENTAL INS:

LIFE INS:

COUNSEL FEE: $75,000

PROP DIST TO W: 50% of marital property

COMMENT: [severance package is marital property; wife who is completely unable

to earn income, requires maintenance to approach the pre-divorce standard living wife who is unable to work, should not be required to deplete her

assets to pay all of her attorneys fees.]

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 CASE: Ferraro v Ferraro

CITE: _AD2d_, _NYS2d_, NYLJ, 1-27-99, P. 29, Col. 3 (2nd Dept, 1999)

YRS MAR: H AGE: H INCOME: W AGE: 40 W INCOME:

CHILD SUPPORT:

MAINTENANCE: $13,000/mo for 5 years from judgment retroactive to date of

commencement

EXCL OCC:

HEALTH/MED INS:

DENTAL INS:

LIFE INS:

COUNSEL FEE: $212,000

PROP DIST TO W: $450,000

COMMENT: [transfer of husbands interest in corporation to trust two months

before commencement of action, was made in contemplation of a matrimonial action and half was awarded to wife]

 CASE: Francis v Francis

CITE: __AD2d__, 692 NYS2d 263 (4th Dept, 1999)

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

CHILD SUPPORT:

MAINTENANCE: for 15 months

EXCL OCC:

HEALTH/MED INS:

DENTAL INS:

LIFE INS:

COUNSEL FEE:

PROP DIST TO W:

COMMENT: [Error to admit in evidence portion of hospital record containing

plaintiff's account of how defendant allegedly caused her injury; valuation of

marital residence was proper because it was "within the framework of the evidence"]

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 CASE: Galachiuk v Galachiuk

CITE: __AD2d__, 691 NYS2d 828 (4th Dept, 1999)

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: [Property acquired during marriage is presumed to be marital property;

proper to include in marital property accounts closed by husband within 6 months of commencement of action where he failed to account for proceeds]

 CASE: Galakis v. Galakis

CITE: _AD2d_, _NYS2d_, NYLJ, 4-16-99, P. 35, Col. 5 (2d Dept., 1999)

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

CHILD SUPPORT: $476.00 every 2 weeks

MAINTENANCE: $200/bi-weekly for 6 years

EXCL OCC:

HEALTH/MED INS:

DENTAL INS:

LIFE INS: $100,000 for wife; $100,000 for son

COUNSEL FEE: $4,500 to wife

PROP DIST TO W:

COMMENT:

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 CASE: Gittelson v Gittelson

CITE: __AD2d__, 69 NYS2d 212 (2d Dept, 1999)

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: [Where Appellate Division remits matter to trial court to make detailed

findings to supplement its determination so that it will have a basis for its review, it is improper for the trial court to consider the issues de novo.]

 CASE: Goddard v Goddard

CITE: _AD2d_, 682 NYS2d 423, (2nd Dept, 1999)

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

CHILD SUPPORT:

MAINTENANCE:

EXCL OCC:

HEALTH/MED INS:

DENTAL INS:

LIFE INS:

COUNSEL FEE: none

PROP DIST TO W:

COMMENT: [proper to impute $20,800 in income to husband because child support is

based upon a parents ability to provide for their child rather than their current economic situation]

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 CASE: Grossman v. Grossman

CITE: _AD2d_, _NYS2d_, NYLJ 5-4-99, P. 31, Col. 4 (2d Dept, 1999)

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

CHILD SUPPORT: husband to pay college expenses

MAINTENANCE: to wife for 15 years

EXCL OCC:

HEALTH/MED INS:

DENTAL INS:

LIFE INS:

COUNSEL FEE: $50,000 to wife

PROP DIST TO W:

COMMENT:

 CASE: Grunfeld v. Grunfeld

CITE: _AD2d_, _NYS2d_, NYLJ, 4 - 99, P. , Col (1st Dept, 1999)

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

CHILD SUPPORT:

MAINTENANCE: $15,000/mo to be reduced to $8,500/mo when distributive award

payments start

EXCL OCC:

HEALTH/MED INS:

DENTAL INS:

LIFE INS:

COUNSEL FEE:

PROP DIST TO W:

COMMENT: [proper, under circumstances, not to make maintenance retroactive;

McSparron permits court to grant a distributive award based on enhanced earnings

capacity and then adjust payors other obligations, rather than reduce maintenance award, when it distributes value of professional license and professional practice. Explains valuation methodology]

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 CASE: Haas v Haas

CITE: __AD2d__, 695 NYS2d 644 (4th Dept., 1999)

YRS MAR: H AGE: H INCOME: $30,417 W AGE: W INCOME: $23,087

CHILD SUPPORT: $136/wk plus 55% of uninsured medical and dental, and day care.

MAINTENANCE:

EXCL OCC:

HEALTH/MED INS:

DENTAL INS:

LIFE INS:

COUNSEL FEE:

PROP DIST TO W:

COMMENT: [where parent is self employed income for CSSA is his "gross income

less allowable business expenses", depreciation that did "not officer disallowed deductions for telephone and truck expenses used or personal, as well as business reasons; proper to deduct all self-employment tax. Appellate Division declined to construe notice of appeal liberally.]

 CASE: Imhof v. Imhof

CITE: _AD2d_, _NYS2d_, NYLJ, 3-21-99, P. 34, Col. 3 (2nd Dept, 1999)

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

CHILD SUPPORT: $210.50/wk retroactive

MAINTENANCE:

EXCL OCC: sold

HEALTH/MED INS:

DENTAL INS:

LIFE INS:

COUNSEL FEE:

PROP DIST TO W: 50% of net proceeds of sale of marital residence

COMMENT: [separate property can be transmuted into marital property when the

actions of the titled spouse demonstrate his intent to transform the character of the property from separate to marital; error not to credit husband for college payments]

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 CASE: Johnson v. Johnson

CITE: _AD2d_, _NYS2d_, NYLJ, 5-14-99, P. 36, Col. 4 (2nd Dept, 1999)

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

CHILD SUPPORT:

MAINTENANCE: remitted for new determination

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 of the parties marital property should not be disturbed unless it can be shown that the court improvidently exercised its direction in so doing]

 CASE: Kelly - Milone v Milone

CITE: _AD2d_, 682 NYS2d 435 (2nd Dept, 1998)

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: $1000

COMMENT: [overtime earnings are part of gross income for purposes of the child support obligation]

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 CASE: Kennedy v. Kennedy

CITE: _AD2d_, 683 NYS2d 608 (3d Dept., 1998)

YRS MAR: 18 H AGE: H INCOME: $45,000/yr W AGE: W INCOME: unemployed

CHILD SUPPORT: 131.00/wk per stipulation (2 children)

MAINTENANCE: $175.00/wk for 10 years

EXCL OCC: to wife

HEALTH/MED INS:

DENTAL INS:

LIFE INS:

COUNSEL FEE:

PROP DIST TO W: title to marital residence ;50% of marital property

COMMENT: [testimony as to value of furnishings by spouse, where credible,

established value for purposes of a distribution; DRL 236 (B)(5) and (6) recognizes that maintenance and property distribution should not be treated as 2 separate items but each should be set with a view toward the other. It is error to utilize an "offset" in place of separate awards for maintenance and property distribution and to reduce maintenance in recognition of fact that the wife would receive most of the marital assets and had no liquid assets to pay distributive award to husband]

 CASE: Kerzner v Kerzner

CITE: __AD2d__, 649 NYS2d 49 (1st Dept, 1999)

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 business appreciation and pension plan

COMMENT:

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 CASE: King v. King

CITE: _AD2d_, 684 NYS2d 684 (3d Dept., 1999)

YRS MAR: H AGE: H INCOME: $46,727 W AGE: W INCOME: $34,451

CHILD SUPPORT:

MAINTENANCE:

EXCL OCC:

HEALTH/MED INS:

DENTAL INS:

LIFE INS:

COUNSEL FEE:

PROP DIST TO W:

COMMENT:

 CASE: Kirschenbaum v Kirschenbaum

CITE: -AD2d-, 693 NYS2d 149 (1st Dept., 1999)

YRS MAR: 18 H AGE: H INCOME: W AGE: 48 W INCOME:

CHILD SUPPORT:

MAINTENANCE: $4,000/mo for 10 years then $2000/mo

EXCL OCC:

HEALTH/MED INS:

DENTAL INS:

LIFE INS:

COUNSEL FEE:

PROP DIST TO W:

COMMENT: Lifetime maintenance is appropriate where payee spouse is incapable of

becoming self-supporting at a level roughly commensurate with the pre-divorce standard of living." Fact that payee spouse has ability to become self supporting with respect to some standard of living does not preclude an award of lifetime maintenance.]

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 CASE: Knight v. Knight

CITE: _AD2d_, 685 NYS2d 560 (4th Dept, 1999)

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

CHILD SUPPORT:

MAINTENANCE: $200 per week

EXCL OCC:

HEALTH/MED INS:

DENTAL INS:

LIFE INS:

COUNSEL FEE:

PROP DIST TO W: equal distribution of marital assets; 50% of monthly pension

income of husband to wife

COMMENT: [proper to commence wife's share of husband's pension payment as of

date of commencement of the action; proper to value automobile based on value in husband's affidavit, which was consistent with NADA used car guide, rather than his testimony at hearing]

 CASE: Koehler v. Koechler

CITE: NYLJ, 10-18-99, P. __, Col.__, Supreme Court, Suffolk County (Lifson,J.)

YRS MAR:11 moH AGE: 61 H INCOME: W AGE: 55 W INCOME:

CHILD SUPPORT:

MAINTENANCE:

EXCL OCC: ordered sold

HEALTH/MED INS:

DENTAL INS:

LIFE INS:

COUNSEL FEE:

PROP DIST TO W: wife reimbursed for purchase of house plus 50% of any

increase in value; all of joint checking account;

COMMENT: [second marriage for both parties; real property, title to which was

taken as JWROS prior to marriage, is marital property, where husband not in

sale contract and made no formal contribution and taken in contemplation of marriage.]

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 CASE: Kosovsky v. Zahl

CITE: _AD2d_, 684 NYS2d 524 (1st Dept., 1999)

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

CHILD SUPPORT:

MAINTENANCE:

EXCL OCC:

HEALTH/MED INS:

DENTAL INS:

LIFE INS: $750,000 for benefit of child

COUNSEL FEE:

PROP DIST TO W: 31.8% of defendant's pension

COMMENT:[funds in joint account presumed to be marital property absent proof

that source of funds was separate property or account was a convenience account;

proper to value pension as of trial date where increase in value due to passive appreciation; proper to impute $400,000 to husband where he manipulated his corporations finances to reduce his income and had unreported cash; proper to impute $150,000 investment income to wife]

 CASE: Krigsman v Krigsman

CITE: NYLJ 6-14-99, P-- col-- Sup. Court Kings Co. (Yancy J.)

YRS MAR: 11 H AGE: 36 H INCOME: W AGE: 33 W INCOME:

CHILD SUPPORT: $587/wk [3 ch] + 70% of unreimbursed medical and dental expenses,

and 70% of reasonable child care, 70% of childrens Yeshiva and 70% of summer

camp if it is a component of child care.

MAINTENANCE: denied

EXCL OCC: title to wife

HEALTH/MED INS:

DENTAL INS:

LIFE INS: $500,000 decreasing term for wife

COUNSEL FEE:$25,000

PROP DIST TO W: 50% of marital residence; 25% of enhancing earning capacity of

husband.

COMMENT: Income of $50,000/yr imputed to wife who was a RN; income of $120,000

a year impulsed to husband for purpose of valuing enhanced earnings as a

pediatric gastroenterologist; wife to receive reduced share of husband's enhanced earning capacity because of short marriage, use of non-marital funds to pay for education and role of husband as major income earner, wife acted reasonably in refusing to sign joint income tax return.]

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 CASE: Kysor v. Kysor

CITE: _AD2d_, 684 NYS2d 388 (4th Dept., 1998)

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: [If monthly payment is based on DRL 240 (1-b)(d) health and child care

expenses cannot be ordered in addition; failure to set forth factors considered and reasons for decision on maintenance and properly distribution warrents reversal and remitted for hearing. See DRL 236 (B)(5)(g) and (B)(6) (b).]

 CASE: Lenigan v. Lenigan

CITE: NYLJ, 11-15-99, Supreme Court, Suffolk Co. (Austin, J.)

YRS MAR: H AGE: 52 H INCOME: $98,000 W AGE: 51 W INCOME: $0

CHILD SUPPORT: $200/wk (1 ch) plus 100% of extra curricular and uninsured

medical expenses

MAINTENANCE: $300/wk until pension in pay status, then $100/wk

EXCL OCC: title to wife

HEALTH/MED INS:

DENTAL INS:

LIFE INS: $100,000 for child

COUNSEL FEE: $18,250

PROP DIST TO W: QDRO for plaintiffs pension; 50% of marital debt; 75% if

marital residence and 50% of other assets.

COMMENT: [pro se plaintiff not entitled to any inference or benefit from the

court; wasteful consumption assets (liquor bottles) by husband; wife awarded

75% of marital residence in recognition of her contribution to husband's career; husband directed to choose pension option wife surviving benefits; catch all factor is used for "best interest of child to retain child's furniture]

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 CASE: Leroy v Leroy

CITE: NYLJ 7-15-99, P.26, Col -- Sup. Ct. NY Co. (Tulub,5)

YRS MAR: 29 H AGE: 63 H INCOME: W AGE: 54 W INCOME:

CHILD SUPPORT: N/A

MAINTENANCE: $61,183 per month to be reduced by imputing a 5% annual return on

cash portion of wife's distributive award as received

EXCL OCC: N/A

HEALTH/MED INS: NO

DENTAL INS: NO

LIFE INS: No

COUNSEL FEE: $739,313 (in addition to $450,00 pendente lite) and $413,761 expert

PROP DIST TO W: fees.40%($18,829,124)of marital property worth $47,072,810.00

COMMENT: [counsel fee award in excess of $1,150,000]

 CASE: Levy v Levy

CITE: -Ad2d-, 689 NYS2d 62(1st Dept., 1999)

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: [Award of maintenance in increasing amounts over a period of 7 yrs.

before terminating, is proper to enable wife to maintain pre-separation standard living]

****************************************************************************************************

 CASE: Lombardo v Lombardo

CITE: _AD2d_, 680 NYS2d 270 (3rd Dept, 1998)

YRS MAR: 20 H AGE: H INCOME: W AGE: W INCOME:

CHILD SUPPORT:

MAINTENANCE: $1500/mo. until april 2005; then $800/mo. non-durational

EXCL OCC:

HEALTH/MED INS: to be paid for by wife under employers COBRA

DENTAL INS:

LIFE INS:

COUNSEL FEE:

PROP DIST TO W:

COMMENT: [guardian ad litem appointed to protect wife; maintenance award to

enable wife to meet pre divorce standard of living]

 CASE: Lopez v Lopez

CITE: __AD2d__, __NYS2d, NYLJ, 11-18-99, p.28, col 2 (1st Dept.,1999)

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

CHILD SUPPORT:

MAINTENANCE: $500/mo for 7 years

EXCL OCC:

HEALTH/MED INS:

DENTAL INS:

LIFE INS:

COUNSEL FEE:

PROP DIST TO W:

COMMENT:

***************************************************************************************************

 CASE: Madonna v. Madonna

CITE: __AD2d__, NYS2d__, NYLJ, 10-18-99, P__, Col__ (2d Dept., 1999)

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 increase in value of marital residence and 50% of

husband's pension earned during marriage.

COMMENT: [Supreme Court has borad discretion in accepting or rejecting all or

part of any expert testimony; authorizing to award interest at 9% pursuant to CPLR 5004 is not mandatory; proper to award interest at 4-1/2% on wife's share of increase in value of marital residence]

 CASE: Matwijczuk v Matwijczuk

CITE: -AD2d-, 690 NYS2d 343 (3d Dept., 1999)

YRS MAR: 28 H AGE: H INCOME: $10,000 W AGE: W INCOME: $45,000/y

CHILD SUPPORT:

MAINTENANCE:

EXCL OCC:

HEALTH/MED INS:

DENTAL INS:

LIFE INS:

COUNSEL FEE: none

PROP DIST TO W: all of her pension; 58% of marital residence

No counsel fee to wife considering the parties income and the assets available

to her as a result of the equitable distribution.

COMMENT: [Use of marital funds plus wife's contributions of her separate funds,

time and labor in furtherance of the marital partnership were sufficient to transform the marital residence and land (purchased by husband before marriage and constructed before and during marriage) into marital property; land purchased marriage is presumed to be marital property; transfer in contemplation of a matrimonial action with fair consideration remains marital property; where a lump sum distribution of the marital portion of a pension is not requested. Evidence of present value of pension is not needed to establish an interest, but spouse may emply the "Majauskas" formula to

calculate the equitable share marriage is presumed to be marital property; transfer in

contemplation of a matrimonial action with fair consideration remains marital property; where a lump sum distribution of the mental protion of a pension is not requested evidence of where a lump sum distribution of the marital portion of a pension is not requested evidence of present value of pension is not needed to establish an interest, but spouse may imply the majauskas formula to calculate the equitable share]

****************************************************************************************************

 CASE: Mcgrath v Mcgrath

CITE: -AD2d-, 689 NYS2d, (2d Dept., 1999)

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

CHILD SUPPORT: $204 /weekly [2Ch] then $316/weekly when main. terminates

MAINTENANCE: $250.wk for 3 years

EXCL OCC:

HEALTH/MED INS:

DENTAL INS:

LIFE INS:

COUNSEL FEE:

PROP DIST TO W: 50% of marital property

COMMENT: [Proper to impute annual income to husband of $69,000 annual income to

husband to complete maintenance and child support; a court may impute income

based upon a parties past income or [a court is not bound by a parties account of his finances, and when a parties account of his finances is not believable, the court is justified in finding an actual or potential income greater than claimed. Proper to consider money received from parents in fixing child support]

 CASE: Mellen v. Mellen

CITE: _AD2d_, _NYS2d_, NYLJ, 5-4-99, P. 32, Col. 4 (2d Dept, 1999)

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

CHILD SUPPORT: $533/wk

MAINTENANCE:

EXCL OCC:

HEALTH/MED INS:

DENTAL INS:

LIFE INS:

COUNSEL FEE:

PROP DIST TO W:

COMMENT: [a court is not bound by a parties account of his finances, and when a

parties account of his finances is not believable, the court is justified in finding an actual or potential income greater then claimed. Proper to consider money received from parents in fixing child support finding an actual or potential income granted then claimed. Proper to consider money received from parents in fixing child support]

****************************************************************************************************

 CASE: Meyers v Meyers

CITE: _AD2d_, 680 NYS2d 690 (3rd Dept, 1998)

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

CHILD SUPPORT:

MAINTENANCE: $125/wk for 7 years, than $100/wk until wife reaches 62

EXCL OCC:

HEALTH/MED INS:

DENTAL INS:

LIFE INS:

COUNSEL FEE:

PROP DIST TO W: 50% ($560,000) of marital property

COMMENT: [marketability discount of 25% should be applied to valuation of

husbands heating oil business as the risk associated with illiquidity of stores should be considered; marital fault is a relevant factor in awarding maintenance, but it does not preclude it]

 CASE: Michelle S v Charles S

CITE: _AD2d_, 683 NYS2d 89 (1st Dept, 1999)

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

CHILD SUPPORT:

MAINTENANCE: remitted

EXCL OCC:

HEALTH/MED INS:

DENTAL INS:

LIFE INS:

COUNSEL FEE: remitted

PROP DIST TO W:

COMMENT: [a time limitation on maintenance should be imposed soley to enable a

dependent spouse to obtain training to become financially independent, or to allow a resteration of his earning capacity to its previous level. Such limits are inappropriate when such spouse is unlikely to become completely self supporting]

****************************************************************************************************

 CASE: Mitnick v Rosenthal

CITE: __AD2d__, 688 NYS2d 150 (1st Dept, 1999)

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

CHILD SUPPORT:

MAINTENANCE:

EXCL OCC:

HEALTH/MED INS:

DENTAL INS:

LIFE INS:

COUNSEL FEE: Reference directed

PROP DIST TO W: 25% of appreciation of husband's medical practice.

COMMENT: [Application of statutory child support formula to any amount over

$150,000 is unjust and inappropriate because both parties earn significantly

more than $80,000/yr. and its application is unnecessary to assure that both children enjoy the same lifestyle as before the separation; award of "open-ended" child support for medical expenses, camp, tutoring, school tuition, recreation and transportation, to be fixed on basis of annual accountings by wife, not to exceed $ 6,000 per month, was proper.]

 CASE: Mogollon v. Mogollon

CITE: __AD2d__, 686 NYS 2d 849 (2d Dept 1999)

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 net proceeds of sale of marital residence

COMMENT: [Where trial courts decision did not address request for payment of

certain college expenses by defendant, and judgment appealed from does not contain decretal paragraph either granting or denying this relief, the request s not before the appellate division, and remains pending and undecided before Supreme Court.]

***************************************************************************************************

 CASE: Morrissey v Morrissey

CITE: _AD2d_, _NYS2d_, NYLJ, 3-5-99, P. 29, Col. 3 (2nd Dept, 1999)

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

CHILD SUPPORT: remitted for new determination

MAINTENANCE: for 7 years

EXCL OCC:

HEALTH/MED INS:

DENTAL INS:

LIFE INS:

COUNSEL FEE: to wife

PROP DIST TO W:

COMMENT: [court may impute income, in fixing child support, based upon a parties

ability to provide support, rather than current economic situation. "An imputed

income amount is based, in part, upon a parents past earnings actual earning capacity and educational background." Counsel fee proper where defendant guilty of stonewalling.]

 CASE: Murphy v Murphy

CITE: __AD2d__, 693 NYS 2d 699 (3d Dept, 1999)

YRS MAR: 32 H AGE: H INCOME: W AGE: W INCOME:

CHILD SUPPORT:

MAINTENANCE: Waived

EXCL OCC:

HEALTH/MED INS:

DENTAL INS:

LIFE INS:

COUNSEL FEE:

PROP DIST TO W: 60% of marital portion of pension

COMMENT: [Award of 60% of pension to a wife, who was unemployed and suffered

debilitating disease and was responsible for funding her own health and/or life insurance.]

***************************************************************************************************

 CASE: Murtha v Murtha

CITE: __AD2D__, 694NYS2d__, (1st Dept.,1999)

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

CHILD SUPPORT:

MAINTENANCE: 5 years from entry of judgment

EXCL OCC:

HEALTH/MED INS:

DENTAL INS:

LIFE INS:

COUNSEL FEE:

PROP DIST TO W: 60% of marital assets

COMMENT: [60% of marital estate awarded to wife in view of parties income

potential, loss of wife's career potential and her fragile emotional state; husband directed to return $100,000, that he used to pay taxes, attorney and expert fees, to marital estate; he violated interim court order and should have moved for permission; CFA certification is an asset.]

 CASE: Nielson v Nielson

CITE: _AD2d_, 682 NYS2d 503 (4th Dept, 1998)

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

CHILD SUPPORT:

MAINTENANCE: denied

EXCL OCC:

HEALTH/MED INS:

DENTAL INS:

LIFE INS:

COUNSEL FEE: denied

PROP DIST TO W:

COMMENT: [error to conclude that severance payment received after commencement

of action is separate property, where it constituted compensation for past services rather than an incentive for future services]

****************************************************************************************************

 CASE: Papandrea v Papandrea

CITE: __AD2d__,695NYS2d 377 (2d Dept.,1999)

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

CHILD SUPPORT: $ 100/wk

MAINTENANCE:

EXCL OCC:

HEALTH/MED INS:

DENTAL INS:

LIFE INS:

COUNSEL FEE:

PROP DIST TO W:

COMMENT:

 CASE: Pearl v Pearl

CITE: __AD2d__, NYS2d__, NYLJ, 11-22-99, P.33, Col 4 (2d Dept., 1999)

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: title to marital residence and 10% of husband's accounting

business

COMMENT: [husband's willful failure to disclose was proper basis for

preclusion order against him]

***************************************************************************************************

 CASE: Pinto v Pinto

CITE: __AD2d__, 668 NYS2d 701 (2d Dept, 1999)

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

CHILD SUPPORT:

MAINTENANCE:

EXCL OCC:

HEALTH/MED INS:

DENTAL INS:

LIFE INS:

COUNSEL FEE: $100,000 to wife

PROP DIST TO W:

COMMENT: [Not an abuse of discretion to award wife 100% of all assets listed on

both parties net worth statements if husband did not deliver a Jewish divorce to wife within a specified period of time.]

 CASE: Plotnick v. Plotnick

CITE: __AD2d__, __NYS2d__, NYLJ, 11-22-99, P.22 Col 6 (1st Dept., 1999)

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

CHILD SUPPORT:

MAINTENANCE: $36,000 paid in monthly increments of $1500 for 2 years

EXCL OCC:

HEALTH/MED INS:

DENTAL INS:

LIFE INS:

COUNSEL FEE: $17,000 to wife

PROP DIST TO W:

COMMENT:

***************************************************************************************************

 CASE: Pollack v. Pollack

CITE: NYLJ, 10-25-99, P__, Col __, Supreme Court., Nassau Co. (Jonas J.)

YRS MAR: 9 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:

COMMENT: [husband, who attempted to murder wife (an attorney) by stabbing her

many times denied share of her law practice/license for egregious misconduct; mentally ill husbands assets seized by execution on $750,000 personal injury judgment in wife's first; they are her separate property; sheriffs execution sale extinguished husband's title. Equitable distribution of all assets except Fidelity Account granted on summary judgment motion.]

 CASE: Pompa v Pompa

CITE: __AD2d__, 687 NYS2d 25 (1st Dept 1999)

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

CHILD SUPPORT:

MAINTENANCE: $300/mo until death or remarriage

EXCL OCC:

HEALTH/MED INS:

DENTAL INS:

LIFE INS:

COUNSEL FEE: $25,000_

PROP DIST TO W:

COMMENT:

***************************************************************************************************

 CASE: Rindos v Rindos

CITE: __AD2d__,694NYS2d 735 NYLJ (2d Dept.,1999)

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

CHILD SUPPORT:

MAINTENANCE: $5,000/month for 10 years

EXCL OCC: until youngest child emancipated

HEALTH/MED INS:

DENTAL INS:

LIFE INS:

COUNSEL FEE:

PROP DIST TO W: 50% of net proceeds of sale of marital residence

COMMENT: [husband not entitled to credit for half of income taxes paid by him

where parties executed a tax indemnification letter which provided he would be responsible for that amount]

 CASE: Robinson v Robinson

CITE: _AD2d_, 682 NYS2d 292 (3rd Dept, 1998)

YRS MAR: 26 H AGE: 49 H INCOME: $40,400 W AGE: 56 W INCOME:

CHILD SUPPORT: n/a

MAINTENANCE: denied

EXCL OCC:

HEALTH/MED INS:

DENTAL INS:

LIFE INS:

COUNSEL FEE: $1500

PROP DIST TO W: all of marital residence (worth $44,000). Husband kept IRA

worth $21,000 but was obligated to pay all marital debt of $20,000.

COMMENT: [not abuse of discretion to decline maintenance award in view of modest

pre-separation standard of living, wife's ability to earn as a licensed practical nurse, and the substantial benefit she received from the property distribution.]

***************************************************************************************************

 CASE: Sammarco v Sammarco

CITE: NYLJ,6-10-99, p--, col.-- Sup. Ct. Kings Co. (Harcavy,J.)

YRS MAR: 29 H AGE: 52 H INCOME: $61,000 W AGE: 50 W INCOME: $35,000

CHILD SUPPORT: n/a

MAINTENANCE: n/a

EXCL OCC:

HEALTH/MED INS:

DENTAL INS:

LIFE INS:

COUNSEL FEE: none

PROP DIST TO W: 50% of marital assets

COMMENT: [ocial Security Benefits pre-empted by Federal Law from being subject

to equitable distribution; court may not allow an offset for social security benefits of one spouse against federal pension of other spouse; wife given option to purchase husband's share of marital residence; wife awarded 50% of husband's CSRS persons by COBRA; husband required to elect survivor benefits on pension or obtain life insurance for wife.]

 CASE: Shattuck v Shattuck

CITE: _AD2d_, 679 NYS2d 781 (4th Dept, 1998)

YRS MAR: 30 H AGE: H INCOME: W AGE: W INCOME:

CHILD SUPPORT:

MAINTENANCE: to wife until husbands death, or retirement at or after age 62

EXCL OCC:

HEALTH/MED INS:

DENTAL INS:

LIFE INS:

COUNSEL FEE:

PROP DIST TO W:

COMMENT: [pursuant to DRL 236 [B][6](c) maintenance must terminate upon the

wifes death or remarriage]

***************************************************************************************************

 CASE: Tan v Tan

CITE: __AD2d__, 668 NYS2d 597 (2d Dept, 1999)

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 of law to direct spouse to contribute to future college expenses

of 11 year old child,award was prematured where no evidence of child's academic interest, ability, possible choice of college or what child's expenses might be].

 CASE: Turk v Turk

CITE: NYLJ 6.7.99, P 32 Col 6, Sup Ct, Kings Cty (Ambrosio, J.)

YRS MAR: H AGE: 56 H INCOME: W AGE: 54 W INCOME: $58000

CHILD SUPPORT: N/A

MAINTENANCE: husband's request denied

EXCL OCC:

HEALTH/MED INS: none

DENTAL INS: none

LIFE INS: none

COUNSEL FEE: to be determined

PROP DIST TO W: equal division of marital property

COMMENT: [wife failed to rebut presumption that joint accounts with her

mother were open solely as a matter of convenience; husband who was disabled from mental illness, denied maintenance, where income sufficient to meet reasonable needs.]

***************************************************************************************************

 CASE: Wittig v. Wittig

CITE: _AD2d_, 685 NYS2d 342 (4th Dept, 1999)

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% ($731,652) of marital property

COMMENT: [agreement in nature of severance and settlement contract is marital

property; not abuse of discretion to rely on formula of closely held corporation for valuation of its stock; as a general rule value of marital residence should be fixed at time of trial; defendant sanctioned for failure, as appellant, to include in appendix parts of record necessary for respondent]

 CASE: Wood v Wood

CITE: _AD2d_, 682 NYS2d 788 (4th Dept, 1998)

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

CHILD SUPPORT:

MAINTENANCE: $400 bi-weekly until husbands retirement retroactive to date of

application therefor

EXCL OCC:

HEALTH/MED INS:

DENTAL INS:

LIFE INS:

COUNSEL FEE:

PROP DIST TO W:

COMMENT:

***************************************************************************************************

 CASE: Yunis v Yunis

CITE: _AD2d_, 680 NYS2d 339 (4th Dept, 1999)

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

CHILD SUPPORT:

MAINTENANCE: 10 years

EXCL OCC:

HEALTH/MED INS:

DENTAL INS:

LIFE INS:

COUNSEL FEE: denied

PROP DIST TO W:

COMMENT:

 CASE: Zurek v Zurek

CITE: _AD2d_, 680 NYS2d 384 (4th Dept, 1998)

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

CHILD SUPPORT:

MAINTENANCE: $100/wk for 3 years

EXCL OCC:

HEALTH/MED INS:

DENTAL INS:

LIFE INS:

COUNSEL FEE: $500

PROP DIST TO W:

COMMENT: [error to award counsel fees without proof regarding the nature and

extent of the services provided, and without a hearing to determine whether the fees charged were reasonable]