A.G., Plaintiff, v. J.G., Defendant. (2023)

The following e-filed documents, listed by NYSCEF document number (Motion 002) 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 40, 44, 45, 46, 47, 48, 49, 50, 51, 52, 53, 54, 55, 56, 57, 58, 59, 60, 61, 62, 63, 64, 65, 66, 67, 68, 69, 70, 71, 72, 73, 74, 75, 76, 77, 78, 79, 80, 81, 82, 83 were read on this motion to/for INTERIM RELIEF.

Upon the foregoing documents, it is

Plaintiff moved by Order to Show Cause seeking various forms of relief. The remaining relief requested that has not yet been addressed by this Court include interim support and counsel fees. Additional sur-replies filed were not taken into consideration while deciding this matter.

Interim Support

The parties have both provided Statements of Net Worth and their tax returns for 2021. Based on the affidavits there is no dispute that since the filing of the 2021 taxes provided to the Court, Plaintiff's income is $145,000 and Defendants income is $120,000. For the purposes of child support calculations, the Plaintiff's income shall be $145,000 and the Defendant's income shall be $317,380.00. Based on the tax returns the Court will imputing reported dividends of $41,335 and capital gains of $60,045 to the Defendant. Additionally, given that there is no dispute between the parties that Defendant receives approximately $8,000 in tax-free payments from a trust, $96,000 will also be imputed to Defendant.

If the Court removes the income cap, the total interim support package would be $7,679.10 a month, consisting of $5,516.44 a month in child support and $2,162.66 a month in maintenance. The Court notes that although the parties may have previously entered into an agreement regarding interim support, that agreement is not enforceable in this Court. However, there is a marital lifestyle and expectations that has been established and as a Court of equity and fairness it would be unjust to only award Plaintiff interim child support. It would equally be unjust to have Defendant responsible for Plaintiff's request of approximately $12,467 ($8,300 for rent and $4,167 per month). Accordingly, Defendant shall continue to pay $8,300 per month for interim support to cover the rent for the marital residence. No further interim support will be awarded.

In addition, the child support add-ons shall be paid 68% by Defendant and 32% by Plaintiff. However, payment for the children's educational expenses were routinely made by Defendant's parents and shall remain as status quo dictates. So long as the children are attending private school the cost will be Defendants responsibility.

Counsel Fees

Plaintiff submitted their retainer agreement and invoices of counsel fees incurred in connection with this matter. Thus, according to DRL Section 237(a), $50,000 in interim counsel fees is being granted.

It is hereby,

ORDERED, and Defendant shall pay Plaintiff the sum of $8,300 as and for interim support to cover the rent of the marital residence, subject to reallocation. In the alternative if Defendant has been paying rent for the marital residence directly to the landlord he may continue to do so; and it is further

ORDERED, That Plaintiff is awarded counsel fees in the amount of $50,000 without prejudice for future applications; and it is further

ORDERED, Defendant shall pay $25,000 as and for counsel fees directly to Plaintiff's counsel on or before June 5, 2023, and pay $25,000 on or before August 3, 2023; and it is further

ORDERED, that all Interim Orders regarding custody shall remain in effect; and it is further

ORDERED, all relief not granted herein is denied.

This constitutes the Decision and Order of the Court.

Ariel D. Chesler, J.