AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes

ELAINE M. JOHNSON, Appellant, v. ROBERT P. JOHNSON, Respondent.

Judgment unanimously modified on the law and as modified affirmed without costs and matter remitted to Supreme Court for further proceedings in accordance with the following Memorandum:

Supreme Court failed to set forth the factors it considered and the reasons for its decision, as required by statute, in distributing the separate and marital property of the parties and in awarding child support ( see, Domestic Relations Law § 236 [B] [5] [d], [g]; [7] [a], [b]; see generally, D'Agostino v. D'Agostino, 183 A.D.2d 867, 868; Ott v Otto, 150 A.D.2d 57, 62; Norgauer v. Norgauer, 126 A.D.2d 957, 958). Although this Court has the authority to make the required findings ( see, Cappiello v. Cappiello, 66 N.Y.2d 107, 110, rearg denied 67 N.Y.2d 647; Majauskas v. Majauskas, 61 N.Y.2d 481, 493-494), we decline to do so here because the record is not sufficiently developed to enable us to make all the required findings regarding those issues. Therefore, we modify the judgment by vacating those decretal paragraphs determining the respective rights of the parties in the separate and marital property and distributing that property and by vacating the decretal paragraph awarding child support. We remit the matter to Supreme Court "for appropriate findings of fact and conclusions of law and for further proof on equitable distribution and [child support] if the court is so advised" ( Hanford v. Hanford, 91 A.D.2d 829, 830; see, Gramatyka v. Gramatyka, 203 A.D.2d 913; Conti v. Conti, 199 A.D.2d 985).

Use AI to get other relevant cases.

Comments

JOHNSON v. JOHNSON
(May 31, 1996)