McLoughlin v. McLoughlin

• Decision Date: 23 June 2009
• Docket Number: 2007-11285.
• Citation: 2009 NY Slip Op 05302,882 N.Y.S.2d 203,63 A.D.3d 1017
• Parties: CAROLANN McLOUGHLIN, Respondent, v. THOMAS McLOUGHLIN, Appellant.
• Court: New York Supreme Court — Appellate Division

63 A.D.3d 1017

882 N.Y.S.2d 203

2009 NY Slip Op 05302

CAROLANN McLOUGHLIN, Respondent, v. THOMAS McLOUGHLIN, Appellant.

2007-11285.

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

Decided June 23, 2009.

In an action for a divorce and ancillary relief, the defendant appeals, as limited by his brief, from stated portions of a judgment of the Supreme Court, Orange County (McGuirk, J.), dated October 25, 2007, which, after a nonjury trial, inter alia, awarded the plaintiff maintenance in the sum of $800 per month for a period of four years, awarded the plaintiff child support in the sum of $1,470 per month, directed him to pay 65% of unreimbursed health care expenses for the children, directed him to pay 65% of verified childcare expenses, awarded the plaintiff a credit in the sum of $25,000 for a separate property contribution toward the purchase of the marital residence, and awarded the plaintiff the right to claim the parties' children as dependents for State and Federal income tax purposes.

Ordered that the judgment is modified, on the law, (1) by deleting the provision thereof awarding the plaintiff maintenance in the sum of $800 per month for a period of four years, and substituting therefor a provision awarding the plaintiff maintenance in the sum of $800 per month for a period of four years or until the death of either party or the plaintiff's remarriage, whichever shall occur sooner, (2) by deleting the provision thereof awarding the plaintiff child support in the sum of $1,470 per month, (3) by deleting the provision thereof directing the defendant to pay 65% of unreimbursed healthcare expenses for the children, (4) by deleting the provision thereof directing the defendant to pay 65% of verified childcare expenses, (5) by deleting the provision thereof awarding the plaintiff a credit in the sum of $25,000 for a separate property contribution toward the purchase of the marital residence, (6) by adding thereto a provision awarding the defendant a credit for his payment of the parties' 2004 tax liability, and (7) by deleting the provision thereof awarding the plaintiff the right to claim the parties' children as dependents for state and federal income tax purposes, and substituting therefor a provision awarding the defendant the right to claim the oldest child as a dependent for state and federal income tax purposes and the plaintiff the right to claim the two younger children as dependents for state and federal income tax purposes; as so modified, the judgment is affirmed insofar as appealed from, without costs or disbursements, and the matter is remitted to the Supreme Court, Orange County, for further proceedings in accordance herewith, a new determination of the defendant's child support obligation and the percentage of his share of unreimbursed healthcare expenses and verified childcare expenses, and the entry of an appropriate amended judgment thereafter; and it is further,

Ordered that pending the new determination, the defendant shall pay child support to the plaintiff in the sum of $1,470 per month, with any overpayment to be credited against future payments after the entry of the amended judgment.

"[T]he amount and duration of maintenance is a matter committed to the sound discretion of the trial court, and every case must be determined on its own unique facts" (Wortman v Wortman, 11 AD3d 604, 606 [2004]). In determining the appropriate amount and duration of maintenance, the court must consider, among other factors, the standard of living of the parties, the income and property of the parties, the duration of the marriage, the health of the parties, and the present and future earning capacity of the parties (see Domestic Relations Law § 236 [B] [6] [a]; Meccariello v Meccariello, 46 AD3d 640, 641-642 [2007]; Griggs v Griggs, 44 AD3d 710, 711-712 [2007]). Although we agree that the court providently exercised its discretion in determining the amount and duration of maintenance to be awarded to the plaintiff, the court should have included a provision that the award of maintenance in the sum of $800 for a period of four years was for that duration or until the death of either party or the plaintiff's remarriage, whichever shall occur sooner (see Domestic Relations Law § 236 [B] [1] [a]; Haines v Haines, 44 AD3d 901, 903 [2007]; Gold v Gold, 276 AD2d 587, 590 [2000]).

Similarly, in determining the amount of child support, the Supreme Court failed to set forth the manner in which the incomes of the parties and their pro rata shares of child support were calculated, and to adequately explain the application of the "precisely articulated, three-step method for determining child support" pursuant to the Child Support Standards Act (hereinafter the CSSA) (Matter...