Schwartz v. Schwartz

Appellate Division of the Supreme Court of New York

Schwartz v. Schwartz

81 A.D.2d 535, 441 N.Y.S.2d 383, 1981 N.Y. App. Div. LEXIS 11003

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

DecidedApril 21, 1981

StatusPublished

This text of 81 A.D.2d 535 (Schwartz v. Schwartz) 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

Schwartz v. Schwartz, 81 A.D.2d 535, 441 N.Y.S.2d 383, 1981 N.Y. App. Div. LEXIS 11003 (N.Y. Ct. App. 1981).

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Opinion

— Order, Supreme Court, New York County, entered September 4, 1980, which, inter alia, awarded temporary alimony and child support in the total amount of $3,000, unanimously modified, on the law and the facts, and in the exercise of discretion, by allocating $1,500 as temporary alimony and $1,500 as child support and, as modified, otherwise affirmed, without costs. Taking into account the plaintiff’s disposable income, the defendant’s earning potential, the parties’ preseparation standard of living and all other relevant financial factors, Special Term correctly awarded a total of $3,000 for temporary alimony and child support. However, upon the evidence adduced, we find that $1,500 should be treated as temporary alimony and $1,500 as child support. (Rothschild v Rothschild, 40 AD2d 973.) We find no merit to the other points raised by the parties on their appeals. Concur — Murphy, P.J., Kupferman, Sandler, Markewich and Lynch, JJ.

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— Order, Supreme Court, New York County, entered September 4, 1980, which, inter alia, awarded temporary alimony and child support in the total amount of $3,000, unanimously modified, on the law and the facts, and in the exercise of discretion, by allocating $1,500 as temporary alimony and $1,500 as child support and, as modified, otherwise affirmed, without costs. Taking into account the plaintiff’s disposable income, the defendant’s earning potential, the parties’ preseparation standard of living and all other relevant financial factors, Special Term correctly awarded a total of $3,000 for temporary alimony and child support. However, upon the evidence adduced, we find that $1,500 should be treated as temporary alimony and $1,500 as child support. (Rothschild v Rothschild, 40 AD2d 973.) We find no merit to the other points raised by the parties on their appeals. Concur — Murphy, P.J., Kupferman, Sandler, Markewich and Lynch, JJ.

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Bluebook (online)

81 A.D.2d 535, 441 N.Y.S.2d 383, 1981 N.Y. App. Div. LEXIS 11003, Counsel Stack Legal Research, https://law.counselstack.com/opinion/schwartz-v-schwartz-nyappdiv-1981.

Opinion

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