Summary
In Chapman v Chapman (28 A.D.2d 1028), the court, in determining support, considered "any and all assets which are or might be at the disposal of the respondent".
Summary of this case from Matter of Tutak v. TutakOpinion
October 24, 1967
Appeal by the respondent from an order of the Family Court of Fulton County, dated January 6, 1966, directing the appellant to provide certain support for the petitioner. The argument of the appellant appears to be that the order provides excessive support in that the Family Court considered not only the respondent's income, but also his capital assets and a certain trust fund of which he is beneficiary. There is no doubt that the Family Court may award support on a "means" basis ( Matter of Steinberg v. Steinberg, 18 N.Y.2d 492, 498), and that the court may properly consider any and all assets which are or might be at the disposal of the respondent in proceedings before it. The present record sufficiently establishes that the support awarded was not excessive. The appellant's income approximated $10,000 per year and he had substantial capital assets exclusive of the corpus of the trust fund. The evidence established that a continuance of the wife's accustomed mode of living and her actual needs required at least the annual income of $3,120 granted her, together with the upkeep of the residence and expenses incidental thereto and that the appellant was possessed of sufficient "means" to supply the same. Order affirmed, with costs. Gibson, P.J., Herlihy, Reynolds, Staley, Jr., and Gabrielli, JJ., concur in memorandum by Herlihy, J.