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Zummo v. Zummo
Citations: 237 A.D.2d 436; 655 N.Y.S.2d 85; 1997 N.Y. App. Div. LEXIS 2515
Court: Appellate Division of the Supreme Court of the State of New York; March 16, 1997; New York; State Appellate Court
In a divorce action, the defendant husband appeals a Supreme Court order mandating he pay $350 weekly in pendente lite maintenance and child support. The order is affirmed. The couple, married on November 6, 1989, has one child. The husband has a gross annual income of $107,000 (net $72,000), while the wife earns approximately $13,000 annually. Following his departure from the marital home in June 1995, the husband has been voluntarily covering the mortgage on the residence, which he claims is his separate property. The court determined that the ordered payments of $100 for maintenance and $250 for child support were reasonable, balancing the wife’s needs with the husband’s financial capacity. Modifications to pendente lite awards are typically rare and only under exigent circumstances. Although the Supreme Court did not explicitly outline the factors considered for the pendente lite relief, the Appellate Division found no need for remittitur, affirming its authority to make such determinations. The judges concurred in the decision.