In an action for a divorce and ancillary relief, the defendant appeals, as limited by his brief, from stated portions of an
Ordered that the order and judgment is modified by deleting the fourth, fifth, sixth, and thirteenth decretal paragraphs thereof and deleting so much of the eighteenth decretal paragraph as denied the plaintiff’s application for expert’s fees; as so modified, the order and judgment is affirmed insofar as appealed and cross-appealed from, without costs or disbursements, and the matter is remitted to the Supreme Court, Suffolk County, for further proceedings consistent herewith; and it is further,
Ordered that in the interim, the decision and order on motion of this Court, dated February 8, 1994, which, inter alia, continued the decretal provisions contained in an order to show cause issued on or about January 20, 1994, shall remain in full force and effect.
In calculating the defendant’s child support obligations, the court stated that it deviated from the statutory guidelines because the defendant would be paying the medical expenses of the children and the carrying charges on the marital home. In making its calculations, the court granted a deduction of $22,600 for "FICA and so forth” in "allowable deductions”. However, the mortgage payments on the marital residence exceed $29,000 per year, and the defendant was ordered to pay all additional carrying charges on the home, which amounts were unspecified. Since these obligations represent shelter costs, which are part of the basic child support obligation, they should have reduced the defendant’s child support obligations accordingly.
The court’s deductions for FICA and other "allowable deduc
It was also improper for the trial court to direct the defendant to pay open-ended carrying charges on the marital residence (see, Karounos v Karounos,
Using the figures utilized by the trial court, the total amount of payments imposed upon the defendant by the trial court consumed almost all of his after-tax income. Upon remittitur, the trial court should keep in mind that in making an award, it "must take into account the need of a parent to maintain a separate household and have money to live on after support payments are made” (Manno v Manno,
Finally, given the respective financial positions of the parties, the defendant’s lack of candor regarding his income, and because the plaintiff was required to obtain expert testimony to establish the defendant’s income, the court should have granted the plaintiff an award for her expert’s fees (see, Krinsky v Krinsky,
We have examined the parties’ remaining contentions and
