Judge v. Judge
| Decision Date | 05 February 2008 |
| Docket Number | 2006-07433. |
| Citation | 48 A.D.3d 424,2008 NY Slip Op 01115,851 N.Y.S.2d 639 |
| Parties | MICHAEL L. JUDGE, Appellant, v. LOLA S. JUDGE, Respondent. |
| Court | New York Supreme Court — Appellate Division |
Ordered that the judgment is modified, on the law, on the facts, and as an exercise of discretion, (1) by deleting the provision thereof determining that the defendant's Masters of Business Administration degree did not enhance her earnings, and substituting therefor a provision awarding the plaintiff the sum of $141,250 as his share of the defendant's enhanced earnings attributable to her Masters of Business Administration degree, (2) by deleting the provision thereof awarding the defendant a credit in the sum of $2,900 for expenses the plaintiff failed to pay toward the parties' former vacation home and substituting therefor a provision awarding the defendant a credit in the sum of $2,275, (3) by deleting the provision thereof awarding the plaintiff a credit of $6,941 and substituting therefor a provision awarding the plaintiff a credit of $17,675, and (4) by deleting the provision thereof awarding the plaintiff an attorney's fee in the sum of $10,000, and substituting therefor a provision awarding the plaintiff an attorney's fee in the sum of $50,000, including a $10,000 pendente lite award; as so modified, the judgment is affirmed insofar as appealed from, with costs to the plaintiff.
The parties were married in 1983 and have two children. In 1989 the defendant stopped working outside the home in order to take care of the parties' first child. She primarily stayed home and took care of the parties' children until the fall of 1993, when she enrolled in a program for a Masters of Business Administration degree (hereinafter an MBA degree) at a college where the plaintiff was employed as a professor. In the spring of 1994 the defendant was hired by the Federal Reserve Bank (hereinafter the FRB), through the college placement office, and she received her MBA degree in February 1997. The defendant's first job with the FRB was as a management information analyst, and at the time of trial she was an officer at the FRB and vice-president of the FRB's Cash and Custody Division. The defendant moved out of the marital home in 2000 and the plaintiff commenced this action on July 30, 2002.
Under the circumstances of this case, the Supreme Court improperly determined that the defendant's MBA degree did not enhance her future earnings capacity. An...
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