In many New York divorce actions, one party will seek child support and maintenance from the other while the dissolution is pending. The courts generally require both parties to submit documentation of their assets and liabilities prior to granting such requests. If a party fails to offer such proofs when making the requests but provides them at a later date, the courts can still consider them as long as the delayed presentation does not prejudice the opposing party, as discussed in a recent New York ruling. If you are contemplating ending your marriage, it is prudent to speak to a New York divorce lawyer about your options.
History of the Case
It is reported that the wife initiated a divorce action in June 2021, seeking both a dissolution of the marriage and ancillary relief. Several months later, in October 2021, the wife filed a motion requesting temporary spousal support, temporary child support, and interim counsel fees. The trial court issued an order granting the wife’s requests. The husband, disagreeing with this decision, appealed the order, specifically challenging the award of temporary spousal maintenance, temporary child support, and interim counsel fees.
Evidence Sufficient to Sustain a Request for Temporary Support in a Divorce Action
On appeal, the court reviewed the trial court’s decision, focusing on the procedural requirements for such motions in divorce actions. In doing so, the court noted that under the relevant New York court rules, a party seeking maintenance, child support, or counsel fees must submit a sworn statement of net worth along with a signed retainer agreement when making their motion.
In the subject case, the husband argued that the wife’s supporting documents, particularly the statement of net worth and retainer agreement, were either improperly filed or submitted late. However, the court found that the trial court was within its discretion to consider these documents. Specifically, the court stated that such documents could be submitted at any time during the proceedings as long as they were offered in a time and manner that did not prejudice the husband’s rights.
Here, the court highlighted that the husband had an opportunity to respond to the wife’s filings, including the documents submitted with the reply papers. As such, the court determined that the process was fair and the husband’s rights were not violated by the wife’s late offerings of proof of her net worth. Based on the foregoing, the court found that the trial court did not abuse its discretion and affirmed the trial court’s order, upholding the awards of temporary spousal maintenance, temporary child support, and interim counsel fees.
Meet with an Experienced New York Divorce Attorney
Ending a marriage not only impacts people emotionally, but it also can have a substantial effect on their financial well-being. As such, it is vital for anyone weighing whether to seek a divorce to talk to an attorney about their rights. Ksenia Rudyuk is an experienced New York divorce attorney, and if she represents you, she will help you take the steps necessary to protect your interests. To arrange a conference, you can contact Ms. Rudyuk by calling 212-706-2001 or via our online form.