Southwick v. Southwick

Appellate Division of the Supreme Court of New York

Southwick v. Southwick

202 A.D.2d 998, 612 N.Y.S.2d 706, 1994 N.Y. App. Div. LEXIS 3364

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

DecidedMarch 11, 1994

DocketAppeal No. 2

StatusPublished

This text of 202 A.D.2d 998 (Southwick v. Southwick) 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.

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Southwick v. Southwick, 202 A.D.2d 998, 612 N.Y.S.2d 706, 1994 N.Y. App. Div. LEXIS 3364 (N.Y. Ct. App. 1994).

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Opinion

—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 AD2d 116, 118, appeal dismissed 78 NY2d 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 AD2d 996 [decided herewith]), shall be deducted from defendant’s distributive award and added to plaintiffs distributive award. (Appeals from Order of Supreme Court, Onondaga County, Reagan, J. — Maintenance and Child Support.) Present — Green, J. P., Balio, Lawton, Doerr and Boehm, JJ.

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—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 AD2d 116, 118, appeal dismissed 78 NY2d 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 AD2d 996 [decided herewith]), shall be deducted from defendant’s distributive award and added to plaintiffs distributive award. (Appeals from Order of Supreme Court, Onondaga County, Reagan, J. — Maintenance and Child Support.) Present — Green, J. P., Balio, Lawton, Doerr and Boehm, JJ.

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Bluebook (online)

202 A.D.2d 998, 612 N.Y.S.2d 706, 1994 N.Y. App. Div. LEXIS 3364, Counsel Stack Legal Research, https://law.counselstack.com/opinion/southwick-v-southwick-nyappdiv-1994.

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