Opinion
November 28, 1961
Order entered on February 3, 1961, directing respondent-appellant husband to pay the sum of $25 per week as and for the support of petitioner-respondent wife, plus $5 per week on arrears, unanimously modified on the law, on the facts and in the exercise of discretion to reduce the amount directed to be paid to the sum of $10 per week plus $5 on arrears, and as so modified is otherwise affirmed, without costs to either party. The parties hereto were married August 22, 1956, and separated sometime in May, 1959. Petitioner-respondent is employed and has take-home pay of $63.80 per week. The testimony indicates that respondent-appellant presently earns the sum of $30 per week. The trial court was of the opinion that respondent-appellant, though suffering from a coronary condition, was not working up to his potential. Support was directed on a means basis. The evidence in the record does not support the award as made, and is not a fair and reasonable sum according to respondent-appellant's means. (N.Y. City Dom. Rel. Ct. Act, § 101, subd. 1; § 92, subd. [1].)
Concur — Valente, J.P., Stevens, Eager, Steuer and Bergan, JJ.