Opinion
October 21, 1993
Appeal from the Supreme Court, New York County (Lewis R. Friedman, J.).
We find no abuse of discretion in the award of temporary maintenance and child support (Domestic Relations Law §§ 236, 240). There was a sufficient basis for the court to reject the income reported by plaintiff in his 1992 tax returns and financial statement as accurate measures of plaintiff's true income and earning capacity (Kay v. Kay, 37 N.Y.2d 632, 636; Powers v. Powers, 171 A.D.2d 737). Plaintiff's net worth statement indicates that he is capable of earning over $277,000 per year, and the evidence submitted by both parties tends to show that plaintiff earns or has control over substantially more than he reports, and that he has the ability, through various business enterprises or associates, to manipulate the amount of business expenses used to reduce the amount of his reported income. Where, as in this case, the temporary award is based upon conflicting affidavits asserting differing versions of the finances of the parties and the standard of living enjoyed by them during the marriage, it is well settled that the remedy is a speedy trial where the facts may be examined in far greater detail and a more accurate appraisal of the parties' situation obtained (Besen v Besen, 94 A.D.2d 637, 638).
Concur — Sullivan, J.P., Carro, Ellerin, Kassal and Rubin, JJ.