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Judicial Hearing Officer Gartenstein http://nycourts.law.com/CourtDocumentViewer.asp?view=Document&docID=124906 THE COURT noted this matrimonial litigation could best be summed up as “chutzpah,” noting “a well crafted, but legally bankrupt claim of ‘sudden poverty,’” by defendant husband, while wearing $5,300 designer jeans. It noted that where, as here, the main issue was maintenance, it was appropriate that the lifestyle of the parties be considered first. Plaintiff wife requested $65,000 annual maintenance for 15 years, emphasizing her long-term marriage and the luxurious standard of living enjoyed by the parties during the marriage. The court ruled that while plaintiff was capable of earning some money, she will never have the capacity to earn sufficiently to resume her pre-separation standard of living. Yet, as plaintiff will be eligible for Social Security in 14 years when she turns 65, maintenance of $65,000 was awarded until then. Further, maintenance will be tax free to plaintiff. The court ruled that as defendant’s scheme regarding the “goodwill” payments to his company from his ex-company were illegal under the Internal Revenue Code, it was inconsistent with public policy to provide defendant with another outlet to minimize the entitlement of the taxpayers to their fair share of his earned income. It also granted plaintiff $34,000 in child support in view of the special needs of the parties’ child.

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