Bohush v. Bohush

• Court: New York Supreme Court — Appellate Division
• Citation: Bohush v. Bohush, 416 N.Y.S.2d 90, 69 A.D.2d 974 (N.Y. App. Div. 1979)
• Decision Date: 26 April 1979
• Parties: Anne Dobrian BOHUSH, Respondent, v. Alexander J. BOHUSH, Appellant.

Page 90

416 N.Y.S.2d 90

69 A.D.2d 974

Anne Dobrian BOHUSH, Respondent, v. Alexander J. BOHUSH, Appellant.

Supreme Court, Appellate Division, Third Department.

April 26, 1979.

Bernstein, Gitlitz & Sukloff, Binghamton (Donald M. Sukloff, Binghamton, of counsel), for appellant.

Twining, Nemia, Hill & Griffen, Binghamton (Joseph J. Steflik, Jr., Binghamton, of counsel), for respondent.

Before MAHONEY, P. J., and SWEENEY, KANE, STALEY and MAIN, JJ.

MEMORANDUM DECISION.

Appeal from an order of the Family Court of Broome County, entered June 19, 1978, which directed appellant to make child support payments of $50 per week.

Married in 1950, the parties herein have one child, a son born on December 7, 1960. In March of 1978 appellant left his wife and 17-year-old son and took up residence with a female companion. Shortly thereafter, by petition dated May 23, 1978, petitioner sought an order of support for herself and the parties' son in the Family Court of Broome County, and, following a hearing on June 19, 1978, the court ordered appellant to pay child support in the amount of $50 per week, with no support ordered for petitioner. This appeal ensued.

Seeking a reversal of the Family Court's order, appellant presently contends that the ordered support payments of $50 per week are unfair and unreasonable and beyond his means and ability to pay. We agree. While in no way condoning appellant's conduct in leaving his wife and son, we nonetheless find, upon consideration of the entire record, that $50 weekly payments by appellant would be excessive and unwarranted. Apparently, both parties receive some monetary support from the persons with whom they reside, appellant from his companion and petitioner from her parents, and additionally, having been disabled by a heart attack and a ruptured esophagus, appellant also receives $92 weekly in social security disability income while his son receives $168.70 monthly in social security payments...