Kleinschmidt v. Regan

Appellate Division of the Supreme Court of New York

Kleinschmidt v. Regan

284 A.D.2d 284, 726 N.Y.S.2d 855, 2001 N.Y. App. Div. LEXIS 6695

CourtAppellate Division of the Supreme Court of the State of New York

DecidedJune 28, 2001

StatusPublished

Cited by1 cases

This text of 284 A.D.2d 284 (Kleinschmidt v. Regan) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Kleinschmidt v. Regan, 284 A.D.2d 284, 726 N.Y.S.2d 855, 2001 N.Y. App. Div. LEXIS 6695 (N.Y. Ct. App. 2001).

Pincite

Opinion

—Amended judgment, Supreme Court, New York County (Eileen Bransten, J.), entered March 31, 2000, inter alia, equitably distributing the parties’ marital property and awarding defendant child support, unanimously affirmed, with costs.

The trial court’s distribution of marital property and award of child support properly weighed the factors set forth in Domestic Relations Law § 236 (B) (5) (d) and § 240 (1-b) (f), and we reject plaintiffs challenges thereto. Among other things, the trial court, recognizing that the concept of equitable distribution is predicated upon the premise that a marriage is an economic partnership to which both parties contribute as spouse, parent, wage earner or homemaker (see, Price v Price, 69 NY2d 8, 13-16), appropriately divided the marital property on a 50-50 basis in view of defendant’s substantial contributions to the marriage. A distribution more favorable to plaintiff is not warranted simply because the marriage was of only five years duration. The trial court also properly awarded defendant $6,000 a month in child support based upon findings concerning the child’s needs and the parties’ respective resources that have ample support in the record (see, Cassano v Cassano, 85 NY2d 649, 654-655). We perceive no error in the court’s findings of separate property. Concur — Andrias, J. P., Lerner, Saxe and Friedman, JJ.

Free access — add to your briefcase to read the full text and ask questions with AI

—Amended judgment, Supreme Court, New York County (Eileen Bransten, J.), entered March 31, 2000, inter alia, equitably distributing the parties’ marital property and awarding defendant child support, unanimously affirmed, with costs.

The trial court’s distribution of marital property and award of child support properly weighed the factors set forth in Domestic Relations Law § 236 (B) (5) (d) and § 240 (1-b) (f), and we reject plaintiffs challenges thereto. Among other things, the trial court, recognizing that the concept of equitable distribution is predicated upon the premise that a marriage is an economic partnership to which both parties contribute as spouse, parent, wage earner or homemaker (see, Price v Price, 69 NY2d 8, 13-16), appropriately divided the marital property on a 50-50 basis in view of defendant’s substantial contributions to the marriage. A distribution more favorable to plaintiff is not warranted simply because the marriage was of only five years duration. The trial court also properly awarded defendant $6,000 a month in child support based upon findings concerning the child’s needs and the parties’ respective resources that have ample support in the record (see, Cassano v Cassano, 85 NY2d 649, 654-655). We perceive no error in the court’s findings of separate property. Concur — Andrias, J. P., Lerner, Saxe and Friedman, JJ.

Cite This Page — Counsel Stack

Bluebook (online)

284 A.D.2d 284, 726 N.Y.S.2d 855, 2001 N.Y. App. Div. LEXIS 6695, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kleinschmidt-v-regan-nyappdiv-2001.

Opinion

Related

Cite This Page — Counsel Stack