Opinion
March 16, 1971
Appeal from a judgment of the Supreme Court in favor of plaintiff, entered July 28, 1970 in Albany County, upon a decision of the court, after a trial without a jury, granting an absolute divorce, the custody of three minor children to plaintiff, support for the minor children, alimony to plaintiff, and counsel fees. The decree of divorce awarded alimony to plaintiff in the sum of $68.76 every two weeks, the sum of $54 for each of the three minor children every two weeks, the sum of $1,200 for counsel fees and detective services, and awarded plaintiff the right to live with her three children in the house owned by plaintiff and defendant as tenants by the entirety. Appellant contends that the amounts awarded for alimony, support and legal fees are excessive, and that it was error to award plaintiff exclusive use of the residence. Plaintiff testified that it cost her approximately $1,000 per month to provide for herself and her children and that in 1969 her annual income was approximately $8,400. Defendant testified that his annual income for the years 1968 and 1969 was approximately $7,900 for each year. In view of plaintiff's current annual income and the uncontested amount of defendant's annual income, the award for support of the children and alimony for plaintiff should be reduced to provide for the payment of $40 every two weeks for each of the children, and the sum of $50 every two weeks for alimony to the plaintiff. The award for counsel fees and detective services should be approved, as well as the award to plaintiff of the exclusive use of the residence for herself and the children, which were all within the proper discretion of the trial court. Judgment modified, on the law and the facts, by reducing the award for the support of the three minor children to the sum of $40 for each child, payable every two weeks, and the award for alimony to plaintiff to the sum of $50, payable every two weeks, and, as so modified, affirmed, without costs. Herlihy, P.J., Reynolds, Staley, Jr., Greenblott and Sweeney, JJ., concur.