Divorce: New York

Divorce: New York

Tag Archives: Carrying Charges

Wife Receiving Temporary Support Directed to Pay Marital Residence Carrying Charges

Posted in Temporary (Pendente Lite) Relief
Requiring the wife to pay the carrying charges of the marital residence pendente lite was proper in light of the awards to the wife of temporary maintenance and child support. So held the the Appellate Division, Second Department, in its June 12, 2013 decision in Fini v. Fini, affirming the order of Orange County Supreme Court … Continue Reading

Temporary Maintenance Awards and Marital Residence Carrying Charges: Justice Jackman Brown Weighs In

Posted in Child Support (C.S.S.A.), Maintenance, Temporary (Pendente Lite) Relief
Two decisions last month of Queens County Supreme Court Justice Pam Jackman Brown provide insights on how courts might cope with the overlap of the statutory temporary maintenance formula and the payment of marital residence carrying charges. Yesterdays blog reported upon the Second Department’s November 21, 2012 agreement in Woodford v. Woodford with the First Department in Khaira v. Khaira … Continue Reading

Appellate Decision Clarifies Temporary Maintenance Calculations; Temporary Child Support Awards Must Be Next

Posted in Child Support (C.S.S.A.), Maintenance, Temporary (Pendente Lite) Relief
In the first appellate decision to apply the October 12, 2010 temporary maintenance amendment to the Domestic Relations Law, it was held that the recipient’s share of marital residence carrying charges is within the temporary maintenance award, itself. It was improper to have the payor spouse pay carrying costs directly in exhange for a credit against income … Continue Reading

Court Tempers Temporary Maintenance Formula and Temporary Child Support with Reality Check

Posted in Child Support (C.S.S.A.), Counsel Fees, Maintenance, Temporary (Pendente Lite) Relief
In this second of two blogs discussing Supreme Court Nassau County Justice Anthony J. Falanga‘s March 28, 2011 decision in A.C. v. D.R., we look at the Court’s temporary financial relief rulings under the recent amendments to D.R.L. §§236B(5-a) and 237. Last Monday’s blog discussed the joinder for trial of the wife’s post-no-fault action with the husband’s pre-no-fault … Continue Reading