MOSTEL v. MOSTEL

We modify as above indicated as the statute requires that investment income be reduced by sums expended in connection therewith (Domestic Relations Law § 240 [1-b] [b] [5] [ii]). Defendant's 2003 tax return shows $15,489 of expenses in connection with $4,636 of investment income from 331 Investors, LLC, but the motion court, which otherwise relied on this tax return in determining defendant's income, did not subtract the $15,489. The motion court's use of income above the $80,000 cap was properly based on the large financial disparity between the parties and the family's preseparation standard of living ( see Domestic Relations Law § 240 [1-b] [f] [3], [7]). We have considered and rejected defendant's other arguments.