Marfilius v. Marfilius

Appellate Division of the Supreme Court of New York

Marfilius v. Marfilius

239 A.D.2d 299, 657 N.Y.S.2d 426, 1997 N.Y. App. Div. LEXIS 5721

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

DecidedMay 29, 1997

StatusPublished

Cited by3 cases

This text of 239 A.D.2d 299 (Marfilius v. Marfilius) 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

Marfilius v. Marfilius, 239 A.D.2d 299, 657 N.Y.S.2d 426, 1997 N.Y. App. Div. LEXIS 5721 (N.Y. Ct. App. 1997).

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Opinion

Order, Supreme Court, New York County (Fern Fisher-Brandveen, J.), entered on or about October 10, 1996, which, inter alia, awarded defendant [300]*300temporary maintenance of $1,600 a month, unanimously affirmed, without costs.

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 AD2d 488; Shapiro v Shapiro, 163 AD2d 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 AD2d 781). Concur—Murphy, P. J., Sullivan, Nardelli and Tom, JJ.

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Order, Supreme Court, New York County (Fern Fisher-Brandveen, J.), entered on or about October 10, 1996, which, inter alia, awarded defendant [300]*300temporary maintenance of $1,600 a month, unanimously affirmed, without costs.

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 AD2d 488; Shapiro v Shapiro, 163 AD2d 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 AD2d 781). Concur—Murphy, P. J., Sullivan, Nardelli and Tom, JJ.

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Bluebook (online)

239 A.D.2d 299, 657 N.Y.S.2d 426, 1997 N.Y. App. Div. LEXIS 5721, Counsel Stack Legal Research, https://law.counselstack.com/opinion/marfilius-v-marfilius-nyappdiv-1997.

Opinion

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