Appellate Division, Fourth Department — Child Support: Marcera v. Marcera

Appellate Division, Fourth Department

Child Support

Maintenance — Unemployment

Marcera v. Marcera
CA 10-02433
Appealed from Supreme Court, Monroe County

Background: The plaintiff appealed from a judgment of divorce that directed the defendant to pay to the plaintiff $25 per month in child support, awarded her no maintenance and distributed the parties’ personal property. The defendant had lost his employment four months prior to the commencement of the divorce proceeding and was subsequently incarcerated during the pendency thereof.

Ruling: The appellate division found that the court had erred in directing the defendant to pay the minimum amount of child support, as well as awarding the plaintiff no maintenance, based solely on the defendant’s unemployment. The court held that to the extent that the defendant’s own financial hardship is a result of his own wrongful conduct, he is not entitled to a reduction in his obligation to pay child support, nor is he entitled to evade maintenance.

Timothy J. McGinn of Willkie Farr & Gallagher LLP for the plaintiff-appellant