NEW YORK (AP) _ Attorneys for Bess Myerson's boyfriend Carl ''Andy'' Capasso asked a federal judge Tuesday to recommend that he be moved to a halfway house to help him earn money and deal with family problems.

Capasso, 43, a millionaire contractor, has been in a Lewisburg, Pa., prison since pleading guilty to federal tax evasion charges in January 1988.

He was acquitted Dec. 22 along with Ms. Myerson, 64, a former Miss America who was the city's cultural affairs commissioner, of an alleged divorce-fixing scheme.

Defense attorney Jay Goldberg asked U.S. District Judge Charles E. Stewart to recommend to the Bureau of Prisons that Capasso be moved to a minimum security facility in midtown Manhattan which provides a transition for prisoners re-entering society. Capasso is scheduled to be released from prison June 26.

''There is a family crisis involving the children,'' said Goldberg.

Capasso has two children, 16 and 14, and three grown stepchildren. Goldberg told the judge that the 16-year-old, particularly, suffered because of the latest trial.

Capasso also needs to earn money to pay a $500,000 fine, Goldberg said.

''We're dealing with a nonviolent offender who erred with respect to his income tax,'' the lawyer said.

The judge said he would consider the request.

The government is opposed to any action by the judge, said David Lawrence, deputy chief of the U.S. attorney's criminal division. ''We think it's inappropriate,'' he said of the request.

''We think it's for the Bureau of Prisons to decide (without a judge's recommendation) where Mr. Capasso should spend the remainder of his six months. The family situation, the business situation, has been raised time and time again before the court,'' he said.