[Download] "Visvaldis Berzins v. Ilze Berzins" by Supreme Court of New York # eBook PDF Kindle ePub Free

📘 Read Now     📥 Download

eBook details

• Title: Visvaldis Berzins v. Ilze Berzins
• Author : Supreme Court of New York
• Release Date : January 07, 1978
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 60 KB

Description

[64 A.D.2d 881 Page 881] In a divorce action (see Domestic Relations Law, § 170, subd [6]), in which the defendant wife counterclaimed for an increase in the amount of child support provided by the parties' separation agreement, (1) the plaintiff husband appeals from so much of a judgment of the Supreme Court, Dutchess County, dated January 25, 1978, as, upon the counterclaim, directed him to pay child support of $75 per week, per child, and (2) the defendant wife cross-appeals from so much of the same judgment as failed to award her counsel fees. Judgment modified, on the law and the facts, by reducing the child support the plaintiff husband is required to pay to $50 per week, per child (for a total of $100). As so modified, judgment affirmed insofar as appealed from, without costs or disbursements. The parties, who separated after 13 years of marriage, have two children, now aged 14 and 9 years. By the terms of a separation agreement, negotiated over some five months, the wife was to have custody of the children and to pay all the charges on the marital residence, including the mortgage. The husband was to deduct 30% of the mortgage interest and property taxes on his income tax return. He was also to pay $100 weekly for child support ($50 per child), to provide medical insurance for the children and to pay any of the medical bills not covered by the insurance. In return he was permitted to claim the younger of the two children as a dependent for income tax purposes. At the time that the separation agreement was entered into, the husband was earning $19,000 per year, and the wife $11,000. At the time of the trial, however, two years later, the husband's annual salary had risen to $26,000 and the wife's to $25,000. When the husband commenced this action for divorce, the wife joined in the requested relief, but interposed a counterclaim for increased child support. Special Term was of the opinion that the agreement was unfair and unreasonable as written and that, due to its inadequacy, the wife was being forced to use child support payments to defray other expenses, namely those connected with the maintenance of the home. The court, therefore, ordered the child support payments increased to $75 per week, per child, an increase of $25 per child, per week, over the amount specified in the separation agreement. The court stated that in making its determination it [was] [considering] the assets, earnings, obligations and expenses of the father. Evidently, it did not take into account the mother's income. In our view, the mother's earnings should be considered when allocating responsibility for the support of the children (see Matter of Boden v Boden, 42 N.Y.2d 210, 212; Matter of Carter v Carter, 58 A.D.2d 438). At bar, since the mother's earnings are almost equal to the father's, we [64 A.D.2d 881 Page 882]

PDF Ebook Download "Visvaldis Berzins v. Ilze Berzins" Online ePub Kindle