Opinion
October 27, 1994
Appeal from the Supreme Court, New York County (David B. Saxe, J.).
The court was within its discretion to deviate from the statutory formula for child support (Domestic Relations Law § 240 [1-b] [c]) and calculate support based on factors including the financial resources of both parents, the educational needs of the children, and the family's marital standard of living (Domestic Relations Law § 240 [1-b] [f]). In determining the parties' resources for the purpose of child support, the court also properly attributed and imputed to defendant monies received from his parents (Domestic Relations Law § 240 [1-b] [b] [5] [iv] [D]). The court also balanced the factors in Domestic Relations Law § 236 (B) (6) in determining interim maintenance, especially the fact that plaintiff had not worked during the marriage but remained home to care for the children (see, Kay v. Kay, 37 N.Y.2d 632, 637-638), and properly imputed to defendant monies received from his parents (see, Warshaw v. Warshaw, 169 A.D.2d 408, 409).
Concur — Carro, J.P., Rosenberger, Ellerin, Nardelli and Tom, JJ.