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Ash v. Ash

Appellate Division of the Supreme Court of New York, Second Department
Jun 14, 1999
262 A.D.2d 436 (N.Y. App. Div. 1999)

Opinion

Submitted April 29, 1999

June 14, 1999

In an action for a divorce and ancillary relief, the plaintiff wife appeals, as limited by her brief, from stated portions of an order of the Supreme Court, Nassau County (Goldstein, J.), dated April 8, 1998, which, inter alia, granted that branch of the defendant husband's cross motion which was for a downward modification of the interim support award.

Stephen Gassman, Garden City, N.Y. (Charlotte Betts of counsel), for appellant.

Dominic A. Barbara, Garden City, N.Y. (Carol Harrow Bernstein of counsel), for respondent.

DAVID S. RITTER, J.P., FRED T. SANTUCCI, DANIEL F. LUCIANO, HOWARD MILLER, JJ.


DECISION ORDER

ORDERED that the order is affirmed insofar as appealed from, with costs.

It is well settled that a pendente lite award should be an accommodation between the reasonable needs of the moving spouse and the financial ability of the other spouse, and is to be determined with due regard for the preseparation standard of living ( see, Verderame v. Verderame, 247 A.D.2d 609; Young v. Young, 245 A.D.2d 560; Kesten v. Kesten, 234 A.D.2d 427). Here, under the downward modification order granted by the court, the wife was awarded reduced temporary maintenance and child support, and the husband was directed to continue to pay the carrying charges on the marital residence, including the mortgage, taxes, utilities, gardening, pool service, cable, and sanitation. Contrary to the wife's contentions, the reduced support and maintenance awards were sufficient to meet her reasonable needs and those of the children during the pendency of this action ( see, Horowitz v. Horowitz, 237 A.D.2d 490; Pascale v. Pascale, 226 A.D.2d 439).

The wife's remaining contentions are without merit.


Summaries of

Ash v. Ash

Appellate Division of the Supreme Court of New York, Second Department
Jun 14, 1999
262 A.D.2d 436 (N.Y. App. Div. 1999)
Case details for

Ash v. Ash

Case Details

Full title:CARI S. ASH, appellant, v. SAM M. ASH, respondent

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Jun 14, 1999

Citations

262 A.D.2d 436 (N.Y. App. Div. 1999)
692 N.Y.S.2d 143

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