Liadis v. Liadis
| Citation | 207 A.D.2d 331,615 N.Y.S.2d 409 |
| Parties | Anthina LIADIS, Respondent, v. Antonios LIADIS, Appellant. |
| Decision Date | 01 August 1994 |
| Court | New York Supreme Court Appellate Division |
Scotto, Georgoulis & Scotto, New York City (Raphael F. Scotto, of counsel), for appellant.
Lopresto, Kulakis & Christoforatos, Astoria (Kate Christoforatos, of counsel), for respondent.
Before MANGANO, P.J., and BRACKEN, JOY and HART, JJ.
MEMORANDUM BY THE COURT.
In an action for divorce and ancillary relief, the defendant appeals, as limited by his brief, from so much of a judgment of the Supreme Court, Queens County (Graci, J.), dated May 7, 1992, as, after a nonjury trial, awarded the plaintiff permanent maintenance in the sum of $235 per week and child support in the sum of $125 per week retroactive to the date of service of the summons and complaint.
ORDERED that the judgment is affirmed insofar as appealed from, with costs.
The amount and duration of maintenance is a matter committed to the sound discretion of the trial court (see, Loeb v. Loeb, 186 A.D.2d 174, 587 N.Y.S.2d 738; Petrie v. Petrie, 124 A.D.2d 449, 507 N.Y.S.2d 550). In fixing the amount of such an award, a court must take into account the financial circumstances of both parties including their reasonable needs and means (see, Feldman v. Feldman, 194 A.D.2d 207, 218, 605 N.Y.S.2d 777). In addition, an award of maintenance is not determined by actual earnings but by earning capacity (see, Kay v. Kay, 37 N.Y.2d 632, 637, 376 N.Y.S.2d 443, 339 N.E.2d 143; Powers v. Powers, 171 A.D.2d 737, 567 N.Y.S.2d 293). Lifetime maintenance is appropriate when a spouse is incapable of future self-support, has clearly subordinated a career to act as a homemaker and parent, has no obvious skills or training, or is mentally or physically ill (see, Harmon v. Harmon, 173 A.D.2d 98, 578 N.Y.S.2d 897).
Here, the evidence establishes that the wife did not work throughout the parties' marriage in order to care for the parties' child, that she has back problems, and that she has no skills or training. Hence, the trial court properly determined that she is entitled to permanent maintenance. Further, the evidence establishes that the husband has the ability to pay the present award.
In addition, since it is well settled that a proper award of child support is not necessarily based upon a parent's actual income but may be based upon his earning potential (see, Matter of Davis v. Davis, 197 A.D.2d 622, 602 N.Y.S.2d 672; Tsoucalas v....
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...is not necessarily based upon a parent's actual income but may be based upon his or her earning potential. (See, Liadis v. Liadis, 207 A.D.2d 331, 615 N.Y.S.2d 409 [2d Dept.1994]; Brodsky v. Brodsky, 214 A.D.2d 599, 624 N.Y.S.2d 960 [2d Dept.1995] ). Child support is retroactive to the date......
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...879, 611 N.Y.S.2d 318). We have reviewed Supreme Court's award of maintenance and find no abuse of discretion (see, Liadis v. Liadis, 207 A.D.2d 331, 615 N.Y.S.2d 409). Supreme Court erred, however, in ordering payment of retroactive child support through trust funds set up by plaintiff to ......
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...for a family, an award of lifetime maintenance is appropriate (see, Nadel v. Nadel, 220 A.D.2d 565, 632 N.Y.S.2d 631; Liadis v. Liadis, 207 A.D.2d 331, 615 N.Y.S.2d 409; Pagano v. Pagano, 202 A.D.2d 652, 609 N.Y.S.2d 313; Loeb v. Loeb, 186 A.D.2d 174, 587 N.Y.S.2d 738; Domestic Relations La......
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