From Casetext: Smarter Legal Research

Burroughs v. Burroughs

Appellate Division of the Supreme Court of New York, Fourth Department
Feb 16, 2000
269 A.D.2d 765 (N.Y. App. Div. 2000)

Opinion

February 16, 2000

Appeal from Judgment of Supreme Court, Chautauqua County, Gerace, J. — Matrimonial.

PRESENT: PINE, J. P., HURLBUTT, SCUDDER AND LAWTON, JJ.


Judgment unanimously modified in the exercise of discretion and as modified affirmed without in accordance with the following Memorandum:

On this appeal defendant's sole contention is that Supreme Court abused its discretion in awarding maintenance to plaintiff until the youngest child reaches 18 years of age, a duration of 13 years. The court has broad discretion in fixing the amount and duration of a maintenance award ( see, Boughton v. Boughton, 239 A.D.2d 935). Nevertheless, "[i]n determining questions of maintenance, the authority of this Court is as broad as that of the trial court" ( Marino v. Marino, 229 A.D.2d 971, 972). In view of the relevant statutory factors ( see, Domestic Relations Law § 236 [B] [6] [a]), i.e., the seven-year duration of the marriage, plaintiff's age (27 years), good health, high school education and limited work experience, the disparity in income between the parties, plaintiff's training in cosmetology, and the presence of the two children of the marriage in plaintiff's home, we modify the judgment in the exercise of our discretion by reducing the duration of maintenance to five years from the date of the judgment of divorce.


Summaries of

Burroughs v. Burroughs

Appellate Division of the Supreme Court of New York, Fourth Department
Feb 16, 2000
269 A.D.2d 765 (N.Y. App. Div. 2000)
Case details for

Burroughs v. Burroughs

Case Details

Full title:CHRISTINE A. BURROUGHS, PLAINTIFF-RESPONDENT, v. RODGER G. BURROUGHS…

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

Date published: Feb 16, 2000

Citations

269 A.D.2d 765 (N.Y. App. Div. 2000)
703 N.Y.S.2d 407

Citing Cases

Smith v. Smith

We agree. Although the court has broad discretion in fixing the amount and duration of a maintenance award (…

Maniscalco v. Maniscalco

We affirm the judgment in appeal No. 2 in all but two respects. First, we conclude that the maintenance award…