New York Family Law Blog
In AW v PW, 2022 NY Slip Op 51177(U) the court was tasked with determining spousal support and child support amounts pendente lite, amidst a divorce proceeding initiated by the Plaintiff in December 2020.
“Pendente lite” is a Latin term meaning “pending the litigation.” Pendente lite spousal and child support refer to temporary financial support orders issued by a court during the course of divorce or family law proceedings. When determining temporary support in New York, courts consider several factors, including each party’s income and financial resources, the marital standard of living, the needs of the children, and any exceptional expenses. They also review financial affidavits detailing both spouses’ incomes, expenses, assets, and liabilities. The goal is to maintain the status quo and prevent financial hardship for the lower-income spouse and children pending the final resolution of the divorce proceedings.
Background Facts
The plaintiff and defendant, married since 1999 and with two unemancipated children, initiated divorce proceedings on December 3, 2020. As financial disputes arose, the need for interim financial support led the plaintiff to seek pendente lite relief in court. This interim relief included requests for monthly spousal and child support payments retroactive to the date of the motion’s filing, based on the guidelines set by the Domestic Relations Law (DRL) and the Child Support Standards Act (CSSA).
On July 7, 2022, the plaintiff filed a motion to obtain these supports, arguing for a financial arrangement that would maintain the children’s standard of living and address the family’s established financial needs. The defendant countered on July 28, 2022, challenging the plaintiff’s income calculations and the necessity of the requested amounts. The couple managed to resolve several lesser disputes but remained at odds over the issues of spousal and child support, leading to a hearing on August 31, 2022, where further discussions failed to yield an agreement.
The court was then tasked with determining the appropriate amounts for temporary spousal and child support, taking into account the couple’s financial circumstances, the children’s needs, and the family’s pre-separation standard of living.
Issue
The central issue was the determination of appropriate spousal and child support payments.
Holding
The court ordered the Defendant to pay monthly spousal maintenance of $172.86 starting in November 2022, and retroactive payments totaling $691.44 for the months from July to October 2022. Additionally, the Defendant was directed to pay monthly child support of $3,559.35 starting in November 2022, with retroactive support of $14,237.40 for the previous four months.
Rationale
The income calculation involved a detailed review of salary, deferred compensation, and other benefits, subtracting mandatory deductions like taxes and social security contributions to arrive at a net income figure for each parent.
For spousal support, the court applied the DRL § 236 guidelines, which consider the standard of living during the marriage and the financial disparity between the parties. The maintenance calculation was designed to bridge the financial gap between the parties, ensuring that the plaintiff could continue to meet basic living standards pending the final divorce resolution.
Child support was calculated based on the CSSA’s formula, which accounts for the combined parental income and allocates the burden proportionally based on each parent’s financial contribution to the combined income. The court emphasized maintaining the children’s established lifestyle, which included various educational and extracurricular activities that were part of their pre-separation experiences. The decision to grant support above the statutory cap was influenced by the children’s special needs and higher living standards, underscoring the court’s focus on the children’s best interests.
Conclusion
Navigating spousal and child support issues can be complex and emotionally taxing. If you are undergoing a divorce or need to understand your rights and obligations regarding spousal or child support, it is vital to seek legal guidance. An experienced New York family lawyer can provide crucial advice and representation to ensure your interests and those of your children are protected. They can help you navigate the legal system, negotiate support arrangements, and represent you in court if necessary. Contact Stephen Bilkis & Associates today to secure a supportive ally during this challenging time.