New York Family Law Blog
Not surprisingly, issues related to property distribution, spousal maintenance, and child support are among the most contested issues during a divorce. Diaz v. Gonzalez, 984 N.Y.S.2d 65 (N.Y. App. Div. 2014) involved a defendant appealing a judgment from the Supreme Court in Queens County regarding maintenance and child support.
Background Facts
The parties in Diaz v. Gonzalez, married on December 28, 1998. The plaintiff moved out of their shared home in September 2005. In March 2010, the plaintiff commenced divorce proceedings. The defendant responded to the action, asserting counterclaims that sought child support and spousal maintenance.
During the nonjury trial, the Supreme Court evaluated the requests made by the defendant. Because the children were emancipated, the court denied child support. Additionally, the court decided against awarding spousal maintenance, stating that the defendant did not meet the criteria for such support based on the evidence presented.
The court noted that the plaintiff had an income of $45,000 per year while the defendant stayed home to care for the children. Despite this disparity in earnings, the court did not find sufficient justification for spousal maintenance or child support.
Question Before the Court
Whether the evidence presented was adequate to support the claims for maintenance and child support. Additionally, the court needed to determine how to equitably distribute alleged marital debt incurred during the marriage.
Court’s Decision
The appellate court reversed parts of the Supreme Court’s judgment. It determined that the defendant should have been awarded durational spousal maintenance to enable her to become self-supporting. It also determined that child support should be awarded. The plaintiff failed to demonstrate that the children had achieved economic independence or were otherwise emancipated, and ordered a new trial regarding the equitable distribution of marital debt.
Discussion
The appellate court emphasized the importance of providing proof regarding the valuation and nature of marital assets. Equitable distribution requires that both parties disclose their financial situations accurately and completely. In this case, the Supreme Court’s refusal to admit evidence of marital debt created significant barriers to determining an equitable distribution of property.
The defendant’s testimony indicated that the credit card accounts in question were opened during the marriage to pay for shared expenses. However, the Supreme Court disregarded this testimony due to a lack of documentation linking the accounts to marital debts. The appellate court found that marital debt incurred before the divorce action should be equally divided. The defendant had the right to seek reimbursement for payments made on debt that was proven to be marital in nature.
The appellate court’s ruling highlighted the necessity for full and accurate financial disclosures in divorce cases. When one party fails to provide sufficient evidence, it undermines the court’s ability to make informed decisions regarding financial support and property distribution.
Conclusion
The appellate court identified flaws in the original decision regarding maintenance, child support, and the distribution of marital debt. The court’s ruling serves as a reminder that parties involved in a divorce proceeding must substantiate their claims with clear evidence. For anyone facing similar issues in a divorce case, it is vital to consult with an experienced New York divorce lawyer who can help navigate the complexities of asset distribution. If you need assistance, contact an experienced Queens divorce lawyer at Stephen Bilkis & Associates.