Opinion
May 27, 1997
Appeal from the Supreme Court, Westchester County (Wood, J.).
Ordered that the judgment is modified, on the law, by adding thereto a provision directing the defendant to pay 73% of the future reasonable health care expenses of the children not covered by insurance; as so modified, the judgment is affirmed insofar as appealed from, with costs to the plaintiff.
The trial court properly considered all relevant factors before awarding child support and denying maintenance to the plaintiff. Neither the amount nor the duration of the award represented an improvident exercise of discretion ( see, Hartog v. Hartog, 85 N.Y.2d 36; Costantino v. Costantino, 225 A.D.2d 651; Gulotta v. Gulotta, 215 A.D.2d 724; Feldman v. Feldman, 194 A.D.2d 207). Further, the court did not improvidently exercise its discretion in declining to award medical insurance costs to the plaintiff.
The court, however, erred in not apportioning each party's share of the reasonable health care expenses of the children not covered by insurance, pursuant to Domestic Relations Law § 240(1-b)(c)(5). The defendant earned 73% of the gross family income, and he must bear this proportion of the unreimbursed health care expenses ( see, Grossman v. Grossman, 224 A.D.2d 489).
The plaintiff's remaining contentions are without merit.
Miller, J.P., Ritter, Joy and Krausman, JJ., concur.