Morales v. Morales
| Decision Date | 26 August 1996 |
| Citation | 230 A.D.2d 895,646 N.Y.S.2d 884 |
| Parties | Juan MORALES, Jr., Appellant, v. Leida E. MORALES, Respondent. |
| Court | New York Supreme Court — Appellate Division |
Juan Morales, Jr., N. Lindenhurst, pro se.
Before BRACKEN, J.P., and COPERTINO, PIZZUTO and GOLDSTEIN, JJ.
MEMORANDUM BY THE COURT.
In an action for a divorce and ancillary relief, the husband appeals, as limited by his brief, from stated portions of a judgment of the Supreme Court, Queens County (Beldock, J.H.O.), entered March 8, 1995, which, inter alia, (1) directed him to pay (a) child support in the amount of $150 per week and (b) the full amount of the annual private parochial school tuition for the minor child or $3,000, whichever is greater, (2) awarded the wife one-half of his savings and security plan, (3) awarded the wife one-half of his pension plan, and (4) determined the value of the wife's license as a practical nurse to be $30,799.87 in enhanced earning capacity and credited the husband with only a $3,000 share thereof.
ORDERED that the judgment is modified, on the law, by (1) deleting the provision thereof which directed the husband to pay the full amount of the annual private parochial school tuition for the minor child, or $3,000, whichever is greater, and substituting therefor a provision directing the husband to pay 68% of the tuition, and (2) deleting the provision determining the value of the wife's license as a practical nurse to be $30,799.87 in enhanced earning capacity and crediting the husband with a $3,000 share thereof, and substituting therefor a provision determining the value of the wife's license to be $98,000 and crediting the husband with a $9,800 share thereof; as so modified, the judgment is affirmed insofar as appealed from, without costs or disbursements.
It is beyond cavil that the wife's nursing license is marital property subject to equitable distribution under Domestic Relations Law § 236(B) (see generally, O'Brien v. O'Brien, 66 N.Y.2d 576, 498 N.Y.S.2d 743, 489 N.E.2d 712). The value of the wife's license is measured by the present value of the enhanced earning capacity which it affords her (see, O'Brien v. O'Brien, supra, at 588, 498 N.Y.S.2d 743, 489 N.E.2d 712; McGowan v. McGowan, 142 A.D.2d 355, 356-358, 535 N.Y.S.2d 990). The record in this case evinces that the wife held a high-school diploma and worked for seven years as a receptionist for a hospital before entering a nursing program and ultimately gaining the subject license. As such, the value of the wife's license is measured by comparing the average lifetime income of a high-school graduate working in the clerical field and the average lifetime income of a person holding such a license, and...
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