Lundon v. Lundon

• Citation: 993 N.Y.S.2d 326,120 A.D.3d 1395,2014 N.Y. Slip Op. 06301
• Decision Date: 24 September 2014
• Docket Number: 2013-01322
• Court: New York Supreme Court — Appellate Division
• Parties: Daniel M. LUNDON, Jr., respondent, v. Filomena LUNDON, appellant.

120 A.D.3d 1395
993 N.Y.S.2d 326
2014 N.Y. Slip Op. 06301

Daniel M. LUNDON, Jr., respondent
v.
Filomena LUNDON, appellant.

2013-01322

Supreme Court, Appellate Division, Second Department, New York.

Sept. 24, 2014.

993 N.Y.S.2d 327

Anthony M. Bramante, Brooklyn, N.Y., for appellant.

PETER B. SKELOS, J.P., THOMAS A. DICKERSON, LEONARD B. AUSTIN, and COLLEEN D. DUFFY, JJ.

Opinion

120 A.D.3d 1395

In an action for a divorce and ancillary relief, the defendant appeals, as limited by her brief, from so much of an amended

120 A.D.3d 1396

order of the Supreme Court, Queens County (Jackman Brown, J.), entered December 17, 2012, as denied those branches of her motion which were for an award of prejudgment interest pursuant to Domestic Relations Law § 244 on unpaid counsel

993 N.Y.S.2d 328

fees, child support, and maintenance, for an award of counsel fees pursuant to Domestic Relations Law § 237(c), for a judgment for arrears of child support add-ons, and for qualified domestic relations orders directing payments from the plaintiff's retirement plan to the defendant's attorney to satisfy judgments for unpaid counsel fees, and to the defendant to satisfy judgments for unpaid child support and maintenance.

ORDERED that the amended order is modified, on the law, by (1) deleting the provision thereof denying that branch of the defendant's motion which was for a judgment for arrears of child support add-ons, and substituting therefor a provision granting that branch of the motion to the extent that a hearing shall be held to determine the amount of the arrears of child support add-ons owed pursuant to a judgment dated June 17, 2009, and (2) deleting the provision thereof denying that branch of the defendant's motion which was for a qualified domestic relations order directing payments from the plaintiff's retirement plan to the defendant to satisfy judgments for unpaid child support and maintenance, and substituting therefor a provision granting that branch of the motion; as so modified, the amended order is affirmed insofar as appealed from, without costs or disbursements, and the matter is remitted to the Supreme Court, Queens County, for a hearing to determine the amount of arrears of child support add-ons owed by the plaintiff pursuant to the 2009 judgment, and for the entry of an appropriate qualified domestic relations order.

The parties are married and have one child. In a judgment entered June 23, 2009 (hereinafter the 2009 judgment), the Supreme Court, among other things, dismissed, in effect, the cause of action for a divorce, and awarded the defendant permanent maintenance and child support, including a portion of child support add-ons for the child's extracurricular activity expenses, school costs, and unreimbursed health care expenses. Subsequently, in a so-ordered stipulation dated February 3, 2011, the plaintiff agreed to pay certain sums for child support and maintenance arrears owed pursuant to the 2009 judgment. Further, he agreed to pay an amount to the defendant's attorney for legal fees incurred in attempting to enforce the 2009 judgment.

After the plaintiff failed to make the agreed-upon payments, the...