Shah v. Shah

Summary

The New York Appellate Division, Second Department, affirmed a judgment of divorce awarding the plaintiff maintenance of $452.13 per month for three years. The court also upheld the denial of the defendant's requested credit for $75,000 in alleged marital loans, finding insufficient evidence that the loans constituted marital debt.

Holdings

1. The award of maintenance to plaintiff in the amount of $452.13 per month for three years was a provident exercise of the trial court's discretion.
2. The trial court providently exercised its discretion by imputing only $32,500 in income to plaintiff for purposes of calculating defendant's maintenance obligation, notwithstanding defendant's consent to that imputation solely for child-support purposes.
3. The trial court properly declined to treat the alleged $75,000 in loans as marital debt and therefore properly denied defendant a credit for them.

Questions Presented

1. Whether the trial court providently exercised its discretion in awarding plaintiff maintenance of $452.13 per month for three years.
2. Whether the trial court properly imputed $32,500 in income to plaintiff for purposes of calculating defendant's maintenance obligation.
3. Whether the trial court properly declined to treat alleged loans totaling $75,000 as marital debt and award defendant a corresponding credit.

Disposition

affirmed