Opinion
August 8, 1994
Appeal from the Supreme Court, Nassau County (Brucia, J.).
Ordered that the order is modified, as a matter of discretion, by, (1) reducing maintenance to $225 per week, (2) reducing child support to $125 per week for each unemancipated child, (3) adding provisions limiting the defendant's responsibility for the payment of telephone charges to $125 per month, and his responsibility for the payment of the plaintiff's future uninsured psychiatric sessions to one session per week, and (4) deleting the provision thereof which awarded the plaintiff an order of protection, and substituting therefor a provision denying that branch of her motion which was for an order of protection; as so modified, the order is affirmed insofar as appealed from, without costs or disbursements.
It should be observed that the general rule continues to be that the proper remedy for any perceived inequity in a pendente lite award is a speedy trial (see, Gianni v. Gianni, 172 A.D.2d 487; Barasch v. Barasch, 166 A.D.2d 399), and that a pendente lite award will rarely be modified by an appellate court and then only under exigent circumstances such as where a party is unable to meet his or her financial obligations or justice otherwise requires (see, Raniolo v. Raniolo, 185 A.D.2d 974; Suydam v Suydam, 167 A.D.2d 752). A pendente lite award should be "an accommodation between the reasonable needs of the moving spouse, and the financial ability of the other spouse" with due regard for the pre-separation standard of living (see, Kessler v Kessler, 195 A.D.2d 501; Beil v. Beil, 192 A.D.2d 498; Raniolo v Raniolo, 185 A.D.2d 974, supra; Polito v. Polito, 168 A.D.2d 440).
Upon review of the husband's income and the parties' expenses, and considering that the husband must pay all carrying charges on the marital residence, we find that the pendente lite award of the Supreme Court should be modified as follows: (1) child support is reduced to the sum of $125 per week for each unemancipated child (see, O'Connor v. O'Connor, 207 A.D.2d 334; Krantz v. Krantz, 175 A.D.2d 863, 864), (2) the temporary maintenance payments shall be reduced to $225 per week, (3) the defendant's responsibility for the payment of household telephone charges is limited to $125 per month, and (4) the defendant's responsibility for the payment of the plaintiff's future uninsured psychiatric sessions is limited to one session per week.
In addition, in the absence of any corroborative evidence of the plaintiff's allegations or any hearing on the issue, we find that the order of protection should be vacated (see, Kurppe v Kurppe, 147 A.D.2d 533; Waldeck v. Waldeck, 138 A.D.2d 373; Peters v. Peters, 100 A.D.2d 900).
We have considered the defendant's remaining contention and find it to be without merit. Thompson, J.P., Balletta, O'Brien and Florio, JJ., concur.