It’s worthy of note when enough information is provided in an appellate decision to see “how” maintenance and child support were computed. The May 6, 2015 decision of the Appellate Division, Second Department, in Sawin v. Sawin, provides such an opportunity.
In Sawin, the parties were married in 1988 and had three children. During the marriage, the husband worked as a firefighter, and in 2011, he earned approximately $122,500. The wife stopped working full-time after the birth of the parties’ second child in 1994. In 2004, she began working part-time as a real estate agent, earning approximately $15,000 in 2010 and $23,000 in 2011. In December 2010, the wife commenced this matrimonial action seeking, among other things, child support, maintenance, and equitable distribution.
The Second Department held that Putnam County Supreme Court former Justice Francis A. Nicolai providently awarded maintenance to the plaintiff for a period of eight years, and that the amount of the award, $2,000 per month, was not excessive. The Second Department noted that it is well established that, as a general rule, the amount and duration of maintenance are matters committed to the sound discretion of the trial court. Inasmuch as Justice Nicolai properly considered the factors set forth in Domestic Relations Law § 236(B)(6)(a), his award of maintenance was not improvident. Moreover, taking into consideration the financial circumstances of the parties, neither the duration, nor the amount of maintenance was excessive.
Justice Nicolai had also directed the husband to pay child support in the sum of $2,220.33 per month. That award, too, was upheld.
Although there was no specific discussion of methodology or formulas, it may be noted that the award for 8 years, after this 22 marriage, was a period of approximately 36% of the length of the marriage. The maintenance amount of 24,000 per year, happened to be approximately 25% of the income of the husband net of the income of the wife. Child support for the three children was $2,220.33 per month ($26,643.96 per year). That sum was approximately 29% of the husband’s 2011 income less FICA and Medicare taxes and the $24,000.00 in maintenance.
Tomorrow’s blog post will discuss giving the husband credit for paying college room and board expenses. Thursday’s post will discuss giving credits to the wife for debts she incurred after the divorce action was commenced.
Jason A. Advocate, of Advocate & Lichtenstein, LLP (John H. Hersh, former counsel on the brief), of Manhattan, represented the husband. Sarah R. Scigliano, of Stephen M. Santoro, Sr., P.C., of Carmel, represented the wife.