Felix v. Felix
Opinion of the Court
The amount and duration of maintenance is addressed to the sound discretion of the trial court, and is to be determined on a case-by-case basis (see Sirgant v Sirgant, 43 AD3d 1034, 1035 [2007]). “ ‘In determining the appropriate amount and duration of maintenance, the court is required to consider, among other factors, the standard of living of the parties during the marriage and the present and future earning capacity of both parties’ ” (Wasserman v Wasserman, 66 AD3d 880, 883 [2009] [some internal quotation marks omitted], quoting DiBlasi v DiBlasi, 48 AD3d 403, 404 [2008]; see Domestic Relations Law § 236 [B]
The Supreme Court providently exercised its discretion in directing the defendant to contribute towards the cost of parochial school tuition for the parties’ youngest child (see Liles v Liles, 56 AD3d 531, 532 [2008]; Marin v Marin, 283 AD2d 615 [2001]). Finally, it was premature for the Supreme Court to direct the defendant to contribute towards the college costs of the two youngest children because, at the time of trial, those two children were less than 16 and 13 years old, and no evidence was adduced concerning their academic ability, interest in attending college, or choice of college (see Bibas v Bibas, 58 AD3d 586, 588 [2009]; Matter of Halpern v Kuruvilla, 280 AD2d 670, 670-671 [2001]; Tan v Tan, 260 AD2d 543 [1999]; Granade-Bastuck v Bastuck, 249 AD2d 444, 446 [1998]). Mastro, J.E, Balkin, Chambers and Lott, JJ., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.