Marfilius v. Marfilius

Order, Supreme Court, New York County (Fern Fisher-Brandveen, J.), entered on or about October 10, 1996, which, inter alia, awarded defendant

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.