V.P.W. v. S.D.W. (Supreme Court, Nassau County)

Plaintiff-wife moved for defendant-husband to continue paying $5,200/month in child support and $5,400/month in spousal maintenance.  The court deviated from the DRL 236B(5-a) calculation and imputed annual income of $18,000 to the wife and found that wife’s reasonable monthly expenses equaled $3,275.  The Court included expenses for gas, tolls, entertainment, dining out, fitness, gifts, and charitable contributions, etc but excluded vacation costs, vet expenses, religious dues, and children’s allowances.  However, finding that the husband was already paying $11,000/month in family/marital expenses, the court granted the wife’s motion for spousal maintenance but only in the amount of $2,000/month.

Furthermore, the court did not award the wife any child support because the parties’ two older children were in college (which was already being paid for by the husband) and because the parties still resided together in the marital home with the youngest child.