Opinion
March 11, 1994
Appeal from the Supreme Court, Onondaga County, Reagan, J.
Present — Green, J.P., Balio, Lawton, Doerr and Boehm, JJ.
Order unanimously modified on the law and as modified affirmed without costs in accordance with the following Memorandum: Supreme Court erred in directing that defendant's maintenance and child support obligations for the period August 6, 1993 to August 31, 1993 be paid out of the undistributed marital assets. Those payments are an obligation of defendant and must be paid from his assets (see, Elkaim v. Elkaim, 176 A.D.2d 116, 118, appeal dismissed 78 N.Y.2d 1072). We modify Supreme Court's order, therefore, to provide that the maintenance and child support payments for that period provided by the judgment of divorce, as modified by the order of this Court (see, Southwick v. Southwick [appeal No. 1], 202 A.D.2d 996 [decided herewith]), shall be deducted from defendant's distributive award and added to plaintiff's distributive award.