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BELL v. BELL
ORDERED that the judgment is affirmed insofar as appealed from, with costs.
The amount and duration of maintenance is "a matter committed to the sound discretion of the trial court" (Brodsky v. Brodsky, 214 A.D.2d 599). In fixing the amount of such an award, a court must take into account the financial circumstances of both parties, including their reasonable needs and means (see, Liadis v. Liadis, 207 A.D.2d 331). The evidence established that the plaintiff had not worked outside the home during most of the marriage in order to be a homemaker and the primary caretaker of the two children (see, Domestic Relation Law ยง 236[B][6][a]). She does, however, possess a beautician's license and has earning potential. The court did not credit the defendant's testimony and concluded that he has the ability to pay for the reasonable needs of the plaintiff. Accordingly, the court properly awarded maintenance to the plaintiff for a period of one year.
In determining a child support obligation, a court need not rely on a party's own account of his or her finances, but may imput income based upon the party's past income or demonstrated earning potential (see, Zabezhanskay v. Dinhefer, 274 A.D.2d 476 [2d Dept., July 17, 2000]; Mellen v. Mellen, 260 A.D.2d 609; Brodsky v. Brodsky, supra; Liadis v. Liadis, supra). Thus, the award for child support was reasonable.
The defendant's remaining contention is without merit.
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