Opinion
December 26, 1989
Appeal from the Family Court, Rockland County (Stanger, J.).
Ordered that the appeal from the order dated April 27, 1988, is dismissed, without costs or disbursements, as that order was superseded by the order dated June 13, 1988, made upon renewal; and it is further,
Ordered that the order dated June 13, 1988, is modified, on the facts and as a matter of discretion, by adding thereto a provision that the award of $265 per week for the support of the appellant's wife and child includes within it the payment of $46.15 per week for the infant's private school tuition; as so modified, the order dated June 13, 1988, is affirmed insofar as appealed from, without costs or disbursements; and it is further,
Ordered that the order dated April 27, 1988, is modified accordingly.
In determining the ability of the husband to provide support, the court should consider not only his income from his employment, but his actual reasonable living expenses, as well as his current debts, and whether such obligations were reasonably incurred (see, Matter of Katzenberg v Katzenberg, 88 A.D.2d 914; Matter of La Bate v La Bate, 62 A.D.2d 1068). The husband's need to have money to live on after payments are made must be taken into account (see, Muscarella v Muscarella, 93 A.D.2d 993; Colabella v Colabella, 86 A.D.2d 643). A review of this record discloses that the award of $265 per week for the support of the wife and child, exclusive of the sum of $200 per month (i.e., $46.15 per week) the husband agreed to pay for the infant's private school tuition, does not leave the husband with adequate resources from which to pay his actual reasonable living expenses.
Since a reduction is warranted, we have modified the award of $265 per week for the support of the wife and child to include within it the husband's payment of $46.15 per week for the infant's private school tuition. Mollen, P.J., Bracken, Rubin and Sullivan, JJ., concur.