R.R. v. M. R., County of Rockland (Wiener, J.).

Major keywords: Separate property, burden of proof.

The parties were divorced, but the trial was continued on the issues of equitable distribution, child support, and counsel fees. The Court deemed the marital house, Plaintiff-wife's pension, and Defendant-husband's pension marital property. When looking at separate property, the Court determined that Husband did not meet his burden of showing the property in dispute (a personal injury settlement used to purchase the marital home) was separate. Case law provided that unequal distribution of the marital residence was allowed where one party contributed as the sole provider in the residence and the other spouse had left the residence for an extended period of time, and that the individual needs and circumstances of the parties needed to be considered. The Court concluded that Wife had contributed to the marriage, as a homemaker and care giver to the parties' children therefore granting her 80% of the net proceeds of the residence and 20% to Husband. The Court determined that since Husband had been, and probably will continue working, Wife was entitled to 50% of Husband's marital pension, and Husband was entitled to 25% of Wife's marital pension. Husband sought a downward modification of child support. The Court found that Husband failed to meet the burden of showing unanticipated and unreasonable change in circumstances. The Court calculated Husband's child support obligation to be 17% of his annual income of $18,705, or $3,179 per year. The Court deferred Husband's attorney's request that Wife pay Defendant's counsel fees, stating that there must be a separate hearing on the issue.