Brown v. Brown

Appellate Division of the Supreme Court of New York

Brown v. Brown

239 A.D.2d 535, 657 N.Y.S.2d 764, 1997 N.Y. App. Div. LEXIS 5634

CourtAppellate Division of the Supreme Court of the State of New York

DecidedMay 27, 1997

StatusPublished

Cited by36 cases

This text of 239 A.D.2d 535 (Brown v. Brown) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Brown v. Brown, 239 A.D.2d 535, 657 N.Y.S.2d 764, 1997 N.Y. App. Div. LEXIS 5634 (N.Y. Ct. App. 1997).

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Opinion

In an action for a divorce and ancillary relief, the defendant husband appeals, as limited by his brief, from so much of a judgment of the Supreme Court, Nassau County (McCabe, J.), entered October 23, 1995, as directed him to pay child support and maintenance.

Ordered that the judgment is affirmed insofar as appealed from, with costs.

In determining a party’s maintenance or child support obligation, a court need not rely upon the party’s own account of his or her finances, but may impute income based upon the party’s past income or demonstrated earning potential (Kay v Kay, 37 NY2d 632; Brodsky v Brodsky, 214 AD2d 599; Liadis v Liadis, 207 AD2d 331; Hollis v Hollis, 188 AD2d 960). Here, the court properly imputed an income of $100,000 to the husband, a financial consultant, based on his own testimony that in the three years preceding the commencement of this action, he earned $107,000, $143,000, and $146,000, respectively, and won awards for his outstanding work performance and productivity.

The husband’s remaining contentions are without merit. Bracken, J. P., Copertino, Pizzuto and Santucci, JJ., concur.

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In an action for a divorce and ancillary relief, the defendant husband appeals, as limited by his brief, from so much of a judgment of the Supreme Court, Nassau County (McCabe, J.), entered October 23, 1995, as directed him to pay child support and maintenance.

Ordered that the judgment is affirmed insofar as appealed from, with costs.

In determining a party’s maintenance or child support obligation, a court need not rely upon the party’s own account of his or her finances, but may impute income based upon the party’s past income or demonstrated earning potential (Kay v Kay, 37 NY2d 632; Brodsky v Brodsky, 214 AD2d 599; Liadis v Liadis, 207 AD2d 331; Hollis v Hollis, 188 AD2d 960). Here, the court properly imputed an income of $100,000 to the husband, a financial consultant, based on his own testimony that in the three years preceding the commencement of this action, he earned $107,000, $143,000, and $146,000, respectively, and won awards for his outstanding work performance and productivity.

The husband’s remaining contentions are without merit. Bracken, J. P., Copertino, Pizzuto and Santucci, JJ., concur.

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Bluebook (online)

239 A.D.2d 535, 657 N.Y.S.2d 764, 1997 N.Y. App. Div. LEXIS 5634, Counsel Stack Legal Research, https://law.counselstack.com/opinion/brown-v-brown-nyappdiv-1997.

Opinion

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