Nielsen v. Nielsen
| Decision Date | 17 January 1983 |
| Citation | 91 A.D.2d 1016,457 N.Y.S.2d 888 |
| Parties | Carolyn Jean NIELSEN, Respondent, v. Arthur Thomas NIELSEN, Appellant. |
| Court | New York Supreme Court — Appellate Division |
Melvin Smith, Yorktown Heights, for appellant.
Brown & Hall, Pleasantville (Gordon R. Brown and Nancy Murdock, Pleasantville, of counsel), for respondent.
Before MOLLEN, P.J., and WEINSTEIN, BRACKEN and RUBIN, JJ.
MEMORANDUM BY THE COURT.
In a matrimonial action, defendant appeals, as limited by his brief, from so much of a judgment of divorce of the Supreme Court, Westchester County, dated December 17, 1981, as (1) awarded plaintiff (a) $200 per week permanent maintenance, (b) $150 per week child support and (c) exclusive possession of the marital residence until the youngest child reaches 21 years of age or is sooner emancipated, with the provision that plaintiff pay all expenses relating thereto and that the residence be thereafter sold and the net proceeds divided 75% to plaintiff and 25% to defendant, and (2) directed defendant to pay the college education costs of the parties' two youngest children.
Judgment reversed insofar as appealed from, on the law, without costs or disbursements, and matter remitted to Special Term for further proceedings consistent herewith.
In enacting part B of section 236 of the Domestic Relations Law, the Legislature deemed it advisable to require a court to consider specifically enumerated factors in making financial dispositions and to set forth the factors considered and the reasons for its decision. Paragraph d of subdivision 5 of part B of section 236, for instance, sets forth 10 factors the court "shall consider" in determining the equitable disposition of property and paragraph g of that subdivision states that "the court shall set forth the factors it considered and the reasons for its decision and such may not be waived by either party or counsel". Similarly, paragraph a of subdivision 6 of part B of section 236 sets forth 10 factors the court "shall consider" in determining the amount and duration of a maintenance award and paragraph b of that subdivision reiterates that the court "shall set forth" the factors and the reasons for its decision. Again, paragraph a of subdivision 7 of part B of section 236 sets forth 5 factors to be considered in making child support awards, and paragraph b of that subdivision requires the court to set forth the factors and the reasons for its decision.
Contrary to the mandatory language...
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...Although the trial court's statement of its consideration of all of the requisite factors was somewhat sparse (Nielsen v. Nielsen, 91 A.D.2d 1016, 457 N.Y.S.2d 888), the record allows for an independent determination that, in light of all the statutory factors to be considered, the award he......
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Otto v. Otto
...statutory factors together with the reasons for its decision (see, Hornbeck v Hornbeck, 99 AD2d 851; Durso v Durso, 99 AD2d 478, Nielsen v Nielsen, 91 AD2d 1016" (see also, Chasnov v. Chasnov, 131 A.D.2d 624, 516 N.Y.S.2d 708; Gape v. Gape, 110 A.D.2d 621, 487 N.Y.S.2d 111; Arvantides v. Ar......
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