Sassano v. Sassano
Opinion of the Court
In a matrimonial action in which the parties were divorced by a judgment of the Supreme Court, Nassau County, entered August 12, 1985, the plaintiff wife appeals, as limited by her brief, from so much of a judgment of the same court (Modugno, J.H.O.), entered May 19, 1986, as determined the financial issues.
The parties herein were married on March 16, 1974. A daughter was born in March 1976 and a son was born in September 1978. On August 12, 1985, the parties were granted a mutual judgment of divorce on the grounds of cruel and inhuman treatment. The matter was then referred to a Judicial Hearing Officer for a hearing and determination with respect to the issues of, inter alia, maintenance, child support and equitable distribution of the marital property. Involved in this appeal are various branches of the ensuing judgment which determined those financial issues.
According to the record, the defendant husband became a civilian employee of the New York City Police Department in 1973. In 1978, he obtained employment as a correction officer. However, in June 1985 the defendant was assaulted by an inmate and has since been on disability, at full base pay.
Turning first to the issue of the defendant’s pension, we find that the evidence adduced at the hearing failed to resolve the critical question of when the defendant’s pension will become due and payable. In addition thereto, the City of New York failed to comply with judicial subpoenas requiring the production of information regarding the value of the pension. The record further reveals that a substantial discrepancy existed between the defendant and two of his witnesses as to the length and proportionate value of the pension. Although the plaintiff did offer the testimony of an expert witness as to the value of the pension, this testimony was ultimately stricken since it was based upon what was deemed to be inaccurate information.
The judgment appealed from did not award the plaintiff any
With reference to the remaining financial issues, we initially observe that in a prior appeal involving these litigants, this court ordered the defendant to maintain medical, dental and hospitalization insurance for the plaintiff and the children on a pendente lite basis (see, Sassano v Sassano, 112 AD2d 1034). The judgment appealed from, however, contains no provision regarding insurance or who should bear the responsibility for the costs thereof. While it appears that the defendant is financially able to provide for insurance, the plaintiff is, nevertheless, quite capable of obtaining employment and contributing to the costs of insurance. Under the circumstances, we conclude that the parties should be responsible for the insurance for their children on an equal basis (see, Blackman v Blackman, 131 AD2d 801). Similarly, they should be equally responsible for any documented unreimbursable expenses (see, Grillo v Grillo, 86 AD2d 965).
We further find that the Judicial Hearing Officer erred in ordering that the awards of child support terminate when the children attain the age of 18. Pursuant to Domestic Relations Law § 32 (3) and Family Court Act § 413, a parent is obligated to support his or her children, according to the needs of the children and the means of the parent, until the child attains the age of 21 or is sooner emancipated. Therefore, the judgment must be modified to reflect this statutory requirement (see, Matter of Kilcher v Knoll, 112 AD2d 670; Fersko v Fersko, 76 AD2d 854). In light of the defendant’s financial circumstances, we find that the award of $50 per week per child was adequate and need not be disturbed.
The denial of the plaintiff’s request for counsel fees was proper since her trial counsel’s affirmation of services was inadequate as a matter of law (see, Baecher v Baecher, 80 AD2d 629, appeal dismissed 53 NY2d 605, 937).
We have examined the plaintiff’s remaining contentions and find them to be without merit. Mangano, J. P., Bracken, Eiber and Balletta, JJ., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.