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BROWN v. BROWN

Appellate Division of the Supreme Court of New York, Second Department.
May 27, 1997

Ordered that the judgment is affirmed insofar as appealed from, with costs.

In determining a party's maintenance or child support obligation, a court need not rely upon the party's own account of his or her finances, but may impute income based upon the party's past income or demonstrated earning potential ( Kay v Kay, 37 N.Y.2d 632; Brodsky v. Brodsky, 214 A.D.2d 599; Liadis v Liadis, 207 A.D.2d 331; Hollis v. Hollis, 188 A.D.2d 960). Here, the court properly imputed an income of $100,000 to the husband, a financial consultant, based on his own testimony that in the three years preceding the commencement of this action, he earned $107,000, $143,000, and $146,000, respectively, and won awards for his outstanding work performance and productivity.

The husband's remaining contentions are without merit.

Bracken, J.P., Copertino, Pizzuto and Santucci, JJ., concur.