Murphy v. Murphy
Opinion of the Court
The parties to this action were married on June 4, 1960. The three younger children of the marriage currently reside with defendant. There is evidence that the youngest child is subject to periodic seizures of an unspecified nature.
The trial record and the decision of Trial Term afford a sufficient basis for appellate review of that court’s determination of the issues of maintenance and child support. Based upon our assessment of the parties’ circumstances in accordance with the factors enumerated in Domestic Relations Law § 236 (B) (6) (a); (7) (a), we conclude that the trial court improperly limited plaintiff’s maintenance obligation to a period of five years.
It is evident from the trial court’s memorandum decision that adequate consideration was afforded the statutory factors with respect to child support, i.e., the financial resources of the custodial and noncustodial parents, the health of the children, the standard of living of the family, the tax consequences to the parties, and the nonmonetary contribution of the parents toward the care and well-being of the children (Domestic Relations Law § 236 [B] [7] [a]). In view of the fact that plaintiff is incurring all the children’s educational expenses, the support award of $75 per week for each of the unemancipated children residing with defendant is not inadequate.
Opposing allegations regarding the matter of counsel fees render it impossible to determine the issue on appeal. The court advanced no reasoning underlying its decision to fix attorney’s fees at $2,500. Under the circumstances, the parties were entitled to an evidentiary hearing so that the extent and value of counsel’s services “could have been scrutinized in an adversarial context by the trial court and intelligently reviewed by this one” (Sadofsky v Sadofsky, 78 AD2d 520, 521).
In view of the respective financial situations of the parties, the trial court should have considered defendant’s application for an order directing plaintiff to provide medical insurance for herself and the unemancipated children residing with her and to maintain a life insurance policy naming them as beneficiaries (Domestic Relations Law § 236 [B] [8] [a]). Accordingly, the matter must be remitted to the trial court for a hearing and determina
We have considered defendant’s other contentions and find them to be without merit. Gibbons, J. P., Weinstein, Brown and Eiber, JJ., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.