Tawil v. Tawil

Appellate Division of the Supreme Court of New York

Tawil v. Tawil

100 A.D.3d 520, 953 N.Y.S.2d 856

CourtAppellate Division of the Supreme Court of the State of New York

DecidedNovember 20, 2012

StatusPublished

This text of 100 A.D.3d 520 (Tawil v. Tawil) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Tawil v. Tawil, 100 A.D.3d 520, 953 N.Y.S.2d 856 (N.Y. Ct. App. 2012).

Pincite

Opinion

— Order, Supreme Court, New York County (Ellen Gesmer, J.), entered April 6, 2011, which, insofar as appealed from as limited by the briefs, upon defendant wife’s motion for [521]*521various relief, awarded defendant interim maintenance in the amount of $12,457.25 per month, temporary child support in the amount of $9,375 per month and interim counsel fees in the amount of $25,000, unanimously affirmed, without costs.

The court properly considered the factors under Domestic Relations Law § 236 (B) (5-a) (e) (1) to arrive at an interim maintenance award. As its order indicates, the court adjusted the award based on its consideration of the statutory factors, including the standard of living established during the marriage. Likewise, the court properly considered the statutory factors in awarding temporary child support (Domestic Relations Law § 240 [1-b]). The court also properly determined that defendant, as the less-monied spouse, was entitled to an award of counsel fees (see Domestic Relations Law § 237 [a]; DeCabrera v Cabrera-Rosete, 70 NY2d 879, 881 [1987]).

We have considered plaintiffs remaining contentions and find them unavailing. Concur — Tom, J.E, Andrias, Saxe, Acosta and Freedman, JJ.

Free access — add to your briefcase to read the full text and ask questions with AI

— Order, Supreme Court, New York County (Ellen Gesmer, J.), entered April 6, 2011, which, insofar as appealed from as limited by the briefs, upon defendant wife’s motion for [521]*521various relief, awarded defendant interim maintenance in the amount of $12,457.25 per month, temporary child support in the amount of $9,375 per month and interim counsel fees in the amount of $25,000, unanimously affirmed, without costs.

The court properly considered the factors under Domestic Relations Law § 236 (B) (5-a) (e) (1) to arrive at an interim maintenance award. As its order indicates, the court adjusted the award based on its consideration of the statutory factors, including the standard of living established during the marriage. Likewise, the court properly considered the statutory factors in awarding temporary child support (Domestic Relations Law § 240 [1-b]). The court also properly determined that defendant, as the less-monied spouse, was entitled to an award of counsel fees (see Domestic Relations Law § 237 [a]; DeCabrera v Cabrera-Rosete, 70 NY2d 879, 881 [1987]).

We have considered plaintiffs remaining contentions and find them unavailing. Concur — Tom, J.E, Andrias, Saxe, Acosta and Freedman, JJ.

Cite This Page — Counsel Stack

Bluebook (online)

100 A.D.3d 520, 953 N.Y.S.2d 856, Counsel Stack Legal Research, https://law.counselstack.com/opinion/tawil-v-tawil-nyappdiv-2012.

Opinion

Related

Cite This Page — Counsel Stack