Militana v DeMartino
Categories
Attorneys and Parties
Brief Summary
Matrimonial law involving child support, equitable distribution, and attorney's fees after a settlement stipulation in a divorce action.
The Supreme Court partially vacated the parties' stipulation as to child support, imputed annual income of $150,000 to the defendant, set child support at $3,125 per month until the younger child turned 21, awarded the plaintiff $80,000 in attorney's fees, and awarded the plaintiff a particular annuity.
The Appellate Division modified the child support provision so that $3,125 per month is payable only until the older child turns 21, after which support drops to $2,125 per month until the younger child turns 21. It also deleted the $80,000 attorney's fee award and remitted for a new determination of the amount. The appeal from the qualified domestic relations order (QDRO) was dismissed.
The record supported imputing $150,000 in income to the defendant, but under Domestic Relations Law § 240(1-b)(b)(3)(i), (ii) [New York child support provisions governing basic child support calculations and adjustments based on the number of children], support for two children should decrease when the older child ages out. The plaintiff was entitled to attorney's fees, but the submissions were inadequate to support the specific $80,000 amount.
Background
The parties married in 2005 and had two children, born in 2006 and 2011. In 2013, the plaintiff commenced an action for divorce and ancillary relief. In a so-ordered stipulation dated March 2, 2017, the parties agreed that the plaintiff would have sole physical custody, that the defendant's annual income for child support purposes was $80,000, that the plaintiff had no income for that calculation, and that the defendant would pay $1,488.18 per month in child support. All other unresolved issues were left for the Supreme Court to decide on written submissions. The plaintiff later asserted that the defendant had not been forthright about his finances and effectively sought to vacate the child support portion of the stipulation.
Lower Court Decision
The Supreme Court granted the plaintiff's application to revisit child support, imputed annual income of $150,000 to the defendant, ordered him to pay $3,125 per month until the younger child reached 21, awarded the plaintiff 100% of a particular annuity held in the defendant's name, and awarded the plaintiff $80,000 in attorney's fees. A judgment of divorce was entered, and a qualified domestic relations order directed distribution of the annuity.
Appellate Division Reversal
The Appellate Division dismissed the appeal from the qualified domestic relations order because no appeal lies as of right from such an order and leave had not been granted. As to the judgment of divorce, it affirmed the imputation of $150,000 in income and otherwise affirmed the equitable distribution ruling, but modified the child support award to require $3,125 per month only until the older child reaches 21 and $2,125 per month thereafter until the younger child reaches 21. It also deleted the $80,000 attorney's fee award and remitted the matter for new submissions and a fresh determination of the amount of fees to be awarded, followed by entry of an amended judgment.
Legal Significance
This decision confirms that an appellate court will uphold income imputation in a divorce case when supported by the record, even where the parties previously stipulated to a lower income figure. It also reinforces that child support must be recalculated when one of multiple children ages out, consistent with Domestic Relations Law § 240(1-b)(b)(3)(i), (ii) [New York child support provisions governing basic child support calculations and adjustments based on the number of children]. In addition, while courts have broad discretion to award attorney's fees based on litigation conduct, the amount awarded must be supported by sufficient submissions.
In New York divorce cases, a court may revisit stipulated child support if the financial record shows the payor's income was understated, but support for multiple children must step down when the older child reaches 21, and any attorney's fee award must be backed by adequate proof of the proper amount.