Continuing Trend, Judge Awards Interim Counsel Fees in Divorce Action Aug 6, 2008
In support of her motion to renew the pendente lite application, Ms. Gordon argued that her husband had "misrepresented" his income to the court in 2006, stating that he would earn no more than $445,000, "when in actuality he earned $637,357.". Ms. Gordon contended that during the marriage she had not been involved in the couple's finances, and never knew how much money her husband made until she received a complete tax return for 2006 as part of the litigation. (Law.com)
N.Y. Judge Modifies Matrimonial Part Rules on Interim Counsel Jun 20, 2008
Attorneys seeking pendente lite counsel fees in Part 18 of Nassau County's Matrimonial Center must now orally argue their case, a Long Island judge has ruled, "in order to facilitate a prompt determination by the court." ... After Prichep, wrote the judge, "[t]he trial court is no longer left in the misplaced position of determining the pendente lite fees to be paid, but rather, must make the ultimate determination as to whether the fees to be advanced by the husband should be charged to him, to... (Law.com)
Millions up for grabs in Scaife divorce fight Sep 16, 2007
To date, Mr. Scaife's lawyers have worked to seek a reduction in the temporary support order, called alimony pendente lite. "Wife cannot possibly expend the guideline amount of support no matter how lavishly she chooses to live," Mr. Scaife's lawyers wrote last November, "and indeed under the current interim award, based on the guidelines, she has been accumulating enormous sums of cash each month -- sums that are themselves becoming a substantial source of income.". (Pittsburgh Post-Gazette, PA)
Tax Tips For The Divorced Apr 15, 2007
If you are still in the midst of divorcing and are paying temporary support under a pendente lite (pending the suit) order, make sure you ask the judge or your attorney to carefully allocate what portion of your pendente lite obligation is alimony, and what portions are not (i ... For instance, you might try, as the payer, to deduct your unallocated pendente lite obligation as alimony, while your payee spouse objects. (Forbes)