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Marfilius v. Marfilius

Appellate Division of the Supreme Court of New York, First Department
May 29, 1997
239 A.D.2d 299 (N.Y. App. Div. 1997)

Opinion

May 29, 1997

Appeal from Supreme Court, New York County (Fern Fisher-Brandveen, J.).


The record supports the motion court's finding that plaintiff has earned income of approximately $98,000 a year and that defendant has unearned income of approximately $24,000 a year. Given these findings, the temporary maintenance award of $1,600 a month plus payment of unreimbursed non-elective pharmaceutical, medical and dental expenses incurred by defendant and the parties' child, in addition to the child support of $1,400 a month ordered by Family Court, represents a measured accommodation between the reasonable needs of defendant and the financial ability of plaintiff, determined with due regard for the preseparation standard of living ( Lasry v. Lasry, 180 A.D.2d 488; Shapiro v. Shapiro, 163 A.D.2d 294, 296). Plaintiff has not demonstrated that the support payments are so prohibitive as to deprive him of the income and assets necessary to meet his own living expenses ( cf., Stanton v. Stanton, 211 A.D.2d 781).

Concur — Murphy, P.J., Sullivan, Nardelli and Tom, JJ.


Summaries of

Marfilius v. Marfilius

Appellate Division of the Supreme Court of New York, First Department
May 29, 1997
239 A.D.2d 299 (N.Y. App. Div. 1997)
Case details for

Marfilius v. Marfilius

Case Details

Full title:LORIS L. MARFILIUS, Appellant, v. JANE MARFILIUS, Respondent

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: May 29, 1997

Citations

239 A.D.2d 299 (N.Y. App. Div. 1997)
657 N.Y.S.2d 426

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