Opinion
2014-02-13
Susan ANGEL, Plaintiff–Appellant, v. Christopher O'NEILL, Defendant–Respondent.
Susan Angel, appellant pro se. Treuhaft & Zakarin, LLP, New York (Miriam Zakarin of counsel), for respondent.
Susan Angel, appellant pro se.Treuhaft & Zakarin, LLP, New York (Miriam Zakarin of counsel), for respondent.
Order, Supreme Court, New York County (Matthew F. Cooper, J.), entered September 4, 2012, which denied plaintiff's motions for orders directing defendant to pay damages for her eviction, setting aside a 2008 finding of alienation, and directing defendant to pay $49,000 to the Rudolph Steiner School, unanimously affirmed, without costs. Order, Family Court, New York County (Mary E. Bednar, J.), entered on or about December 19, 2012, which denied plaintiff's objection to the Support Magistrate's October 9, 2012 order dismissing her petition to modify the child support award, unanimously affirmed, without costs.
There is no basis for setting aside the finding of alienation. Plaintiff did not appeal from either the 2008 order in which the finding was made or the 2010 judgment of divorce. In any event, none of the evidence she presented undermines the finding.
There is no reason to reinstate maintenance at this time. “ ‘The purpose of maintenance is to give the recipient spouse a sufficient period to become self-supporting’ ” (Naimollah v. De Ugarte, 18 A.D.3d 268, 271, 795 N.Y.S.2d 525 [1st Dept.2005]; seeDomestic Relations Law § 236[B][6][a] ). The parties' marriage lasted only two years, plaintiff received temporary maintenance for approximately 1 1/2 years, and, although she has a great earning capacity, she is apparently unwilling to work.
Defendant has no obligation to pay for the parties' child's private school, as various interim orders and the judgment of divorce determined.
There is no basis for awarding plaintiff damages in connection with her eviction from her apartment. The record demonstrates that the eviction was unrelated to any claimed support issues.
Plaintiff failed to meet her burden of establishing a substantial change in circumstances warranting an upward modification in child support since she failed to submit credible evidence of her income, assets or means of support ( see Matter of Sullivan v. Sullivan, 22 A.D.3d 415, 803 N.Y.S.2d 54 [1st Dept.2005] ). Plaintiff also failed to demonstrate any efforts she has made to find employment commensurate with her training and experience (O'Brien v. McCann, 249 A.D.2d 92, 671 N.Y.S.2d 458 [1st Dept.1998] ). Moreover, the child's alleged needs exceeded her actual reasonable needs ( see Matter of Erin C. v. Peter H., 66 A.D.3d 451, 887 N.Y.S.2d 551 [1st Dept.2009], lv. denied15 N.Y.3d 704, 2010 WL 3397326 [2010] ).
We have considered plaintiff's remaining contentions and find them unavailing. GONZALEZ, P.J., SWEENY, RICHTER, MANZANET–DANIELS, CLARK, JJ., concur.