Opinion
May 15, 1975
Appeal from an order of the Family Court, Schenectady County, entered June 28, 1974, which directed defendant to pay $80 per week support to his family ($35 to the wife and $15 to each of his three children) on the ground it is excessive. The Trial Judge determined that the family needed $120 per week (fortunately they live in a house owned by his mother or it would be worse) and, since the wife earned $40 per week, directed defendant to pay $80 (plus the power and light bill, his medical insurance bill and any family medical payments). Defendant unfortunately earns only $187 per week while he must pay $71 on outstanding bills, $89 for his own living expenses and $80 (plus power and light bills, etc.) in support. The problem here is that people with the income indicated herein just cannot afford to split up — maintain two houses and have enough for bare necessities, and there is no real solution possible. We feel that, under the circumstances, the directed weekly contribution of $80 is excessive and that it should be reduced to $65 ($27.50 to the wife and $12.50 to each of three children). Order modified, on the law and the facts, so as to reduce the payments to $65 weekly, and, as so modified, affirmed, without costs. Herlihy, P.J., Greenblott, Main, Larkin and Reynolds, JJ., concur.