Gaetano D. v. Antoinette D. (Supreme Court, Westchester County)
In determining annual income, the defendant-wife, a secretary and a realtor earned a combined $45,000/year and her plaintiff-husband’s construction business earned $28,000/year with a net profit of $8,000. Claims of unreported income and cash from the husbands business were made by the wife and a lack of supporting documents and the husband’s claim of supplementing living expenses with profits from the sale of the spec house. Since the court has been provided with insufficient evidence to determine income, temporary maintenance was awarded based upon defendant’s needs.