From Casetext: Smarter Legal Research

Zaky v. Andil

Appellate Division of the Supreme Court of New York, Second Department
Feb 15, 2011
81 A.D.3d 842 (N.Y. App. Div. 2011)

Opinion

Nos. 2009-07044, (Docket Nos. F-06348-08, F-00613-09).

February 15, 2011.

In related support proceedings pursuant to Family Court Act article 4, the husband appeals, as limited by his brief, from so much of an order of the Family Court, Dutchess County (Sammarco, J.), dated June 29, 2009, as denied his objections to so much of an order of the same court (Kaufman, S.M.), entered April 17, 2009, as granted, after a hearing, that branch of the wife's petition which was for spousal support.

Skelos, J.P., Dickerson, Austin and Cohen, JJ.


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

Pursuant to Family Court Act § 412, "[a] married person is chargeable with the support of his or her spouse and, if possessed of sufficient means or able to earn such means, may be required to pay for his or her support a fair and reasonable sum, as the court may determine, having due regard to the circumstances of the respective parties." The determination of a spouse's support obligation depends on the particular circumstances of the case, including each spouse's financial means, each spouse's need to have money to live on after payments are made, the duration of the marriage, and each spouse's ability to be self-supporting ( see Matter of Christian v Christian, 5 AD3d 765; Matter of Brandt v Brandt, 205 AD2d 767, 768; Polite v Polite, 127 AD2d 465, 467). Under the circumstances presented here, we perceive no basis to disturb the Family Court's determination.


Summaries of

Zaky v. Andil

Appellate Division of the Supreme Court of New York, Second Department
Feb 15, 2011
81 A.D.3d 842 (N.Y. App. Div. 2011)
Case details for

Zaky v. Andil

Case Details

Full title:In the Matter of AFAF ZAKY, Respondent, v. DIAA ANDIL, Appellant…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Feb 15, 2011

Citations

81 A.D.3d 842 (N.Y. App. Div. 2011)
2011 N.Y. Slip Op. 1294
916 N.Y.S.2d 809

Citing Cases

Bibbes-Turner v. Bibbes

Here, the evidence at the hearing before the Support Magistrate established that the parties married while…