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1
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OPINION
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EXTRACTED KEY WORDS
PAYMENTS COURTS APPELLATE CHILD SUPPORT RETROACTIVE MAINTENANCE DOMESTIC RELATIONS DOMESTIC RELATIONS LAW TEMPORARY MAINTENANCE MORTGAGES TAXES INSURANCE PENDENTE LITE AMOUNT CREDITS AWARD JUDGE YUNIS RESPONDENT MEMORANDUM COSTS DIVORCE HUSBAND WIFE JUDGEMENT DETERMINATION ACCOUNT TRIAL COURTS REVIEW RECORD ARTICULATION |
JEFFREY N. YUNIS, APPELLANT, v. PRISCILLA G. YUNIS, RESPONDENT.
94 N.Y.2d 787 (1999).
October 21, 1999
4 No. 144
(99 NY Int. 0142)
Decided October 21, 1999
_________________________________________________________________
This opinion is uncorrected and subject to revision before publication
in the New York Reports.
_________________________________________________________________
Diane V. Bruns, for appellant.
Melvin Bressler, for respondent.
MEMORANDUM:
The order of the Appellate Division should be affirmed, with costs.
Following commencement of this divorce action by the husband, the wife
sought a pendente lite order of child support and maintenance.
Although Supreme Court denied the wife's application for temporary
maintenance, it did order the husband to pay temporary child support
and to continue to pay the mortgages, taxes and insurance on the
marital residence. In the judgment and decree of divorce, the court
awarded the wife maintenance in the amount of $2,500 per month for a
period of five years, retroactive to her application (Domestic
RelationsLaw § 236(B)(6)(a)). The court denied the husband's request
for full credit for the pendente lite payments of the mortgages, taxes
and insurance against the retroactive maintenance award and determined
that those payments were child support.
The record supports the court's determination at the judgment
settlement conference that it "took into account" whether any credits
for mortgage, taxes and insurance payments were due against the award
of retroactive maintenance (Domestic Relations Law § 236(B)(6)(a)).
Contrary to plaintiff's contentions, payments of this kind are not
required by the statute to be considered temporary maintenance, and
may be solely considered child support (Domestic Relations Law
236(B)(8)(b)). . This case does not require us to determine how the
trial courts should "take into account" temporary maintenance payments
in considering appropriate credits for those payments against the
award of retroactive maintenance pursuant to Domestic Relations Law
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