Legal Opinion

Brown v. Brown

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

Decided May 27, 1997PublishedCited by 29 opinions

1Opinion of the Court

In an action for a divorce and ancillary relief, the defendant husband appeals, as limited by his brief, from so much of a judgment of the Supreme Court, Nassau County (McCabe, J.), entered October 23, 1995, as directed him to pay child support and maintenance.

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

In determining a party’s maintenance or child support obligation, a court need not rely upon the party’s own account of his or her finances, but may impute income based upon the party’s past income or demonstrated earning potential (Kay v Kay, 37 NY2d 632;…

2Cases cited4 opinions

  1. Kay v. KayNew York Court of Appeals · 1975
  2. Liadis v. LiadisAppellate Division of the Supreme Court of the State of New York · 1994
  3. Brodsky v. BrodskyAppellate Division of the Supreme Court of the State of New York · 1995
  4. Hollis v. HollisAppellate Division of the Supreme Court of the State of New York · 1992

3Cited by29 opinions

  1. Morrissey v. MorrisseyAppellate Division of the Supreme Court of the State of New York · 1999
  2. Chamberlain v. ChamberlainAppellate Division of the Supreme Court of the State of New York · 2005
  3. Collins v. CollinsAppellate Division of the Supreme Court of the State of New York · 1997
  4. Steinberg v. SteinbergAppellate Division of the Supreme Court of the State of New York · 2009
  5. Rohme v. BurnsAppellate Division of the Supreme Court of the State of New York · 2012

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