Opinion
784 CAF 18–00033
06-29-2018
Margaret BAXTER, Plaintiff–Appellant, v. Franklin R. BAXTER, Defendant–Respondent.
FINUCANE & HARTZELL, LLP, PITTSFORD, MICHAEL STEINBERG, ROCHESTER, FOR PLAINTIFF–APPELLANT. MULDOON, GETZ & RESTON, ROCHESTER (GARY MULDOON OF COUNSEL), FOR DEFENDANT–RESPONDENT.
FINUCANE & HARTZELL, LLP, PITTSFORD, MICHAEL STEINBERG, ROCHESTER, FOR PLAINTIFF–APPELLANT.
MULDOON, GETZ & RESTON, ROCHESTER (GARY MULDOON OF COUNSEL), FOR DEFENDANT–RESPONDENT.
PRESENT: SMITH, J.P., CENTRA, LINDLEY, CURRAN, AND WINSLOW, JJ.
MEMORANDUM AND ORDER
It is hereby ORDERED that the order so appealed from is unanimously affirmed without costs.
Memorandum: In this action for divorce and ancillary relief, plaintiff, as limited by her brief, appeals from that part of a temporary order that imputed income to her for the purposes of calculating child support and directed defendant to pay pendente lite child support. We note that the temporary order directs defendant to pay a basic monthly amount of child support and to contribute to the statutory add-on expenses (see Domestic Relations Law § 240[1–b][c][4], [5] ). We affirm. The best remedy for "any claimed inequity in awards of temporary alimony, child support or maintenance is a speedy trial where the respective finances of the parties can be ascertained and a permanent award based on the evidence may be made" ( Tabor v. Tabor, 39 A.D.2d 640, 640, 331 N.Y.S.2d 102 [4th Dept. 1972] [internal quotation marks omitted]; see Annexstein v. Annexstein, 202 A.D.2d 1060, 1061, 609 N.Y.S.2d 131 [4th Dept. 1994] ; Frost v. Frost, 38 A.D.2d 786, 787, 328 N.Y.S.2d 77 [4th Dept. 1972] ). "Absent compelling circumstances, parties to a matrimonial action should not seek review of an order for temporary support" ( Newman v. Newman, 89 A.D.2d 1058, 1058, 454 N.Y.S.2d 689 [4th Dept. 1982] ; see Hageman v. Hageman, 154 A.D.2d 948, 948–949, 546 N.Y.S.2d 1004 [4th Dept. 1989] ). Plaintiff has failed to allege the existence of compelling circumstances warranting review of the award of pendente lite child support (see generally Newman, 89 A.D.2d at 1058, 454 N.Y.S.2d 689 ).