Opinion
December 29, 1997
Appeal from the Supreme Court, Queens County (Satterfield, J.).
Ordered that the order is modified by reducing the pendente lite child support from $2,400 to $1,100 per month and the interim maintenance from $3,500 per month to $750 per month; as so modified, the order is affirmed insofar as appealed from, without costs or disbursements.
A speedy trial is ordinarily the proper remedy to rectify inequities in an order directing the payment of temporary maintenance and child support ( see, Wallach v. Wallach, 236 A.D.2d 604; Gold v. Gold, 212 A.D.2d 503; Beige v. Beige, 220 A.D.2d 636; Stanton v. Stanton, 211 A.D.2d 781). However, a pendente lite award may be modified to ensure that the award is an accommodation between the reasonable needs of the moving spouse and the financial ability of the nonmoving spouse ( see, Kessler v. Kessler, 195 A.D.2d 501). When the pendente lite award is so prohibitive that the payor spouse is prevented from meeting his or her own financial obligations, relief may be granted ( see, Wesler v. Wesler, 133 A.D.2d 627). Here, the temporary maintenance award is excessive to the extent indicated. Moreover, since the Supreme Court ordered the husband to pay child support in excess of that which would have been required under the Child Support Standards Act (Domestic Relations Law § 240 [1-b]), and also directed payment of a separate specific sum towards the husband's obligation to provide shelter for the child, a reduction in the pendente lite child support award is also warranted ( see, Krantz v. Krantz, 175 A.D.2d 863; see also, Polychronopoulos v. Polychronopoulos, 226 A.D.2d 354).
The husband's remaining contentions are without merit.
Miller, J. P., Sullivan, Santucci and Lerner, JJ., concur.