Duffy v. Duffy

Decision Date24 May 2011
Docket Number2010-02542,Index No. 202250/08
PartiesNatsuko Duffy, respondent, v. Thomas Duffy, appellant.
CourtNew York Supreme Court — Appellate Division

2011 NY Slip Op 04411

Natsuko Duffy, respondent,
v.
Thomas Duffy, appellant.

2010-02542
Index No. 202250/08

SUPREME COURT OF THE STATE OF NEW YORK APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

Decided on May 24, 2011


WILLIAM F. MASTRO, J.P.

L. PRISCILLA HALL

PLUMMER E. LOTT

JEFFREY A. COHEN, JJ.

Kurtzberg & Kurtzberg, P.C., Melville, N.Y. (Linda A. Kurtzberg and Joshua A. Kittenplan of counsel), for appellant.

Steinberg, Fineo, Berger & Fischoff, P.C., Woodbury, N.Y. (Dana J. Finkelstein and Jessica A. Gould of counsel), for respondent.

DECISION & ORDER

In an action for a divorce and ancillary relief, the defendant appeals from so much of a judgment of the Supreme Court, Nassau County (O'Connell, J.H.O.), entered February 3, 2010, as, upon a decision of the same court dated June 18, 2009, made after a nonjury trial, (1) awarded the plaintiff child support in the sum of $38,000 per year until the parties' oldest child attains the age of 18, graduates from high school, or ceases to play competitive hockey, whichever is earliest, at which time the child support award shall be reduced to $36,500 per year until the parties' youngest child attains the age of 18, graduates from high school, or ceases to play competitive hockey, whichever is earliest, (2) awarded the plaintiff maintenance in the sum of $400 per week for a period of five years, (3) directed the payment of the proceeds of a bank account in the sum of $4,375 to the plaintiff as part of the equitable distribution of marital property, and (4) awarded the plaintiff the sum of $35,000 as an attorney's fee.

ORDERED that the judgment is affirmed insofar as appealed from, with costs.

"A court need not rely upon a party's own account of his finances, but may impute income based upon the party's past income or demonstrated future potential earnings" (Steinberg v Steinberg, 59 AD3d 702, 705). "The court may impute income to a party based on his or her employment history, future earning capacity, educational background, or money received from friends and relatives" (Wesche v Wesche, 77 AD3d 921, 923). "Where a party's account is not believable, the court may impute a true or...

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