Opinion
July 26, 1993
Appeal from the Family Court, Nassau County (Mosca, J.).
Ordered that the order entered April 4, 1991, is affirmed, with costs.
The proper amount of support payable is not determined by a spouse's current economic situation but by a spouse's assets and earning powers (see, Hickland v. Hickland, 39 N.Y.2d 1, cert denied 429 U.S. 941; Matter of Doscher v. Doscher, 80 A.D.2d 945, affd 54 N.Y.2d 655). Contrary to the appellant's contention, we find that based on the facts and circumstances herein, the Family Court properly determined that his reduced earnings was attributable to his voluntary decision to accept less lucrative employment, and, therefore, his cross application was properly denied (see, Matter of Doscher v. Doscher, supra). Mangano, P.J., Thompson, Pizzuto and Joy, JJ., concur.