Opinion
February 6, 1995
Appeal from the Supreme Court, Nassau County (Saladino, J.).
Ordered that the order is modified by reducing the amount of combined pendente lite maintenance and child support from $2,000 per week to $1,000 per week; as so modified, the order is affirmed insofar as appealed from, without costs or disbursements.
A speedy trial is the proper remedy to rectify inequities in an order directing the payment of temporary maintenance (see, Messina v. Messina, 101 A.D.2d 856). However, pendente lite awards may be modified to ensure that the award is an accommodation between the reasonable needs of the moving spouse and the financial ability of the nonmoving spouse (see, Kessler v Kessler, 195 A.D.2d 501). When the temporary maintenance payments are so prohibitive that the nonmoving spouse is prevented from meeting his or her own financial obligations, relief may be granted (see, Wesler v. Wesler, 133 A.D.2d 627, 628).
An examination of the record is this case, including the parties' income tax returns indicating their income, assets, and liabilities, demonstrates that the pendente lite award is excessive to the extent indicated. Because the Supreme Court directed the husband to pay child support in addition to the college tuition and room and board of the children, he was left with insufficient funds to meet his own debts and reasonable expenses (see, Guiry v. Guiry, 159 A.D.2d 556; Fasano-Amon v Amon, 205 A.D.2d 493). Mangano, P.J., Sullivan, Balletta and Miller, JJ., concur.