Schwartz v. Schwartz
| Decision Date | 12 October 1982 |
| Citation | 90 A.D.2d 498,454 N.Y.S.2d 747 |
| Parties | Virginia SCHWARTZ, Respondent, v. Richard A. SCHWARTZ, Appellant. |
| Court | New York Supreme Court — Appellate Division |
Robert G. Del Gadio, Garden City, for appellant.
Michael F. Erdheim, New York City, for respondent.
Before DAMIANI, J. P., and O'CONNOR, THOMPSON and NIEHOFF, JJ.
MEMORANDUM BY THE COURT.
In a matrimonial action, defendant appeals, as limited by his brief, from so much of an order of the Supreme Court, Queens County, dated July 1, 1981, as (1) directed him to pay plaintiff the sum of $1,250 representing arrears for camp and medical insurance payments, (2) directed him to pay plaintiff the sum of $840 representing arrears for alimony and child support payments, (3) directed him to pay $2,000 as a counsel fee, and (4) modified the parties' judgment of divorce by directing him to pay increased child support, retroactive to May 20, 1980.
Order modified, on the law and facts, by (1) reducing the sum awarded in the first decretal paragraph from $1,250 to $695, (2) reducing the sum awarded in the second decretal paragraph from $840 to $420, (3) reducing the counsel fee awarded to $1,000, and (4) deleting the fourth decretal paragraph and substituting a provision denying plaintiff's application to increase child support. As so modified, order affirmed insofar as appealed from, without costs or disbursements.
The parties entered into a separation agreement on May 1, 1976. Approximately six weeks later, plaintiff was awarded a judgment of divorce upon the ground of abandonment. Pursuant to that agreement, which was incorporated into the divorce decree but was not merged therein, defendant agreed to pay for sleepaway camp for their son, the only child of their marriage, upon defendant's approval of such camp and provided that his financial situation enabled him to pay. In 1980 plaintiff proposed to send the child to a certain camp for eight weeks at an approximate cost of $1,600. Defendant as a compromise offered to send their son to camp for one month and to have the child stay with him for the second month. Plaintiff rejected this and sent the boy away for the entire summer. A paragraph of the separation agreement provides that the defendant's duty to make child support payments would abate while the child attended camp. During the summer in question defendant did not pay the camp bill, which subsequently proved to be $1,590, but did continue the usual weekly child support payments. Defendant earns $350 per week after deductions for taxes and alimony and support payments. Further, defendant is remarried and his wife has four children.
Defendant's compromise proposal as to the duration of the camp trip, and the cost...
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