Huffman v. Huffman
| Decision Date | 10 May 2011 |
| Citation | 2011 N.Y. Slip Op. 04001,923 N.Y.S.2d 583,84 A.D.3d 875 |
| Parties | Sharon HUFFMAN, respondent,v.John HUFFMAN, appellant. |
| Court | New York Supreme Court — Appellate Division |
84 A.D.3d 875
923 N.Y.S.2d 583
2011 N.Y. Slip Op. 04001
Sharon HUFFMAN, respondent,
v.
John HUFFMAN, appellant.
Supreme Court, Appellate Division, Second Department, New York.
May 10, 2011.
[923 N.Y.S.2d 585]
Andrea Seychett Schear, Melville, N.Y., for appellant.Courten & Villar, P.L.L.C., Hauppauge, N.Y. (Dorothy A. Courten of counsel), for respondent.REINALDO E. RIVERA, J.P., MARK C. DILLON, L. PRISCILLA HALL, and SHERI S. ROMAN, JJ.
[84 A.D.3d 875] In an action for a divorce and ancillary relief, the defendant appeals from so much of a judgment of the Supreme Court, Suffolk County (Cohen, J.), entered August 27, 2009, as, after a nonjury trial, awarded the plaintiff 30% of the value of his master's degree, weekly child support in the sum of $1,281.14, and maintenance for four years commencing December 1, 2008, in the amounts of $5,000 per month for the first and second years, $3,500 per month for the third year, and $2,000 per month for the fourth year, and directed him to pay to the plaintiff the sum of $90,793.02 in connection with certain bonus money.
ORDERED that the judgment is modified, on the law, on the facts, and in the exercise of discretion, (1) by deleting the provision thereof awarding the plaintiff maintenance for four years commencing December 1, 2008, in the amounts of $5,000 per month for the first and second years, $3,500 per month for the third year, and $2,000 per month for the fourth year, and substituting therefor a provision awarding the plaintiff maintenance for four years commencing November 11, 2004, the date the application for such maintenance was first made, in the amounts of $5,000 per month from November 11, 2004, through October 2006, $3,500 per month from November 2006 through October 2007, and $2,500 per month from November 2007 through October 2008, and (2) by deleting the provision thereof awarding the plaintiff the sum of $90,793.02 in connection with [84 A.D.3d 876] certain bonus money to the extent the award constitutes the defendant's 2004 bonus; as so modified, the judgment is affirmed insofar as appealed from, without costs or disbursements, and the matter is remitted to the Supreme Court, Suffolk County, for further proceedings, including appropriate recalculations in accordance herewith and the entry of an amended judgment thereafter.
The Supreme Court's determination of basic child support was proper. Since the actual combined parental income exceeded $80,000, the trial court, in its discretion, could apply either the applicable statutory percentage, in this case 29% for three children, or the factors set forth in Domestic Relations...
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