Cannan v. Cannan

Order unanimously modified and, as modified, affirmed, without costs, in accordance with the following memorandum: In determining the amount of support payments a party is capable of paying, it is the party’s net income adjusted for business expenses that should form the basis of the calculations (Dobbins v Dobbins, 59 AD2d 548; Somach v Somach, 49 AD2d *1086592; Burstein v Burstein, 7 AD2d 902). We are not bound by the husband’s assertions as to his expenses and find the court-appointed examiner’s determination of his net income supported by the record. We also find that the husband’s…