Opinion
March 30, 1992
Appeal from the Supreme Court, Westchester County (Fredman, J.).
Ordered that the order is affirmed, with costs.
The husband contends that the award to the wife of pendente lite maintenance in the amount of $75 per week and pendente lite child support in the amount of $175 per week is excessive since he is incarcerated and thus has insufficient income to meet those obligations. The husband's incarceration, however, is the result of a manslaughter conviction for having killed the wife's brother. Accordingly, the husband may not seek to evade his support obligations based on this self-imposed hardship (see, Matter of Knights v Knights, 71 N.Y.2d 865). Rather, his remedy for alleviating perceived inequities in the pendente lite support order is to expeditiously proceed to trial (see, Guiry v Guiry, 159 A.D.2d 556; Wesler v Wesler, 133 A.D.2d 627).
We have reviewed the husband's remaining contentions and find them to be without merit. Sullivan, J.P., Rosenblatt, Miller and Santucci, JJ., concur.