Opinion
March 10, 1998
Appeal from the Supreme Court, New York County (Sherry Klein Heitler, J.).
While maintenance and child support awards ordinarily include household expenses, such as the mortgage and utilities that defendant has been directed to pay separately, defendant ignores that he too resides in the house, and thus the household expenses he has been directed to pay benefit not only plaintiff and his child but also himself. The amounts awarded are justified by the parties' net worth statements, which show, among other things, a large disparity in the parties' income. Defendant's proper remedy for any perceived inequities in the pendente lite award is a prompt trial (Anonymous v. Anonymous, 241 A.D.2d 353). However, because the record contains no attorney's affidavit or any documentation establishing the time spent on this matter, we vacate the award; the requisite information may be supplied on a motion to renew.
Concur — Nardelli, J. P., Tom, Mazzarelli, Andrias and Saxe, JJ.