Swickle v. Swickle
Cases that cite this one
33 later published cases cite this decision. The 25 that cite it most often are listed here.
- Davis v. Davis (Appellate Division of the Supreme Court of New York 2016)
- J.P. v. S.M. (New York Supreme Court, Kings County 2025)
- Reardon v. Gosnell (Appellate Division of the Supreme Court of New York 2011)
- Barr v. Cannata (Appellate Division of the Supreme Court of New York 2008)
- Gonzalez-Furtado v. Furtado (Appellate Division of the Supreme Court of New York 2023)
- Safir v. Safir (Appellate Division of the Supreme Court of New York 2022)
- Capozzoli v. Capozzoli (Appellate Division of the Supreme Court of New York 2020)
- Evelyn v. Evelyn (Appellate Division of the Supreme Court of New York 2019)
- Rosenstock v. Rosenstock (Appellate Division of the Supreme Court of New York 2017)
- A.K. v. T.K. (Appellate Division of the Supreme Court of New York 2017)
- Minervini v. Minervini (Appellate Division of the Supreme Court of New York 2017)
- A.K. v. T.K. (Appellate Division of the Supreme Court of New York 2017)
- A.K. v. T.K. (Appellate Division of the Supreme Court of New York 2017)
- A.K. v. T.K. (Appellate Division of the Supreme Court of New York 2017)
- Jin C. v. Juliana L. (Appellate Division of the Supreme Court of New York 2016)
- Tzu Ching Kao v. Bonalle (Appellate Division of the Supreme Court of New York 2016)
- Lundgren v. Lundgren (Appellate Division of the Supreme Court of New York 2015)
- Vistocco v. Jardine (Appellate Division of the Supreme Court of New York 2014)
- Vistocco v. Jardine (Appellate Division of the Supreme Court of New York 2014)
- McMahon v. McMahon (Appellate Division of the Supreme Court of New York 2012)
- Conyea v. Conyea (Appellate Division of the Supreme Court of New York 2011)
- Brody v. Brody (Appellate Division of the Supreme Court of New York 2011)
- Nealis v. Nealis (Appellate Division of the Supreme Court of New York 2010)
- Isaacs v. Isaacs (Appellate Division of the Supreme Court of New York 2010)
- Levy v. Levy (Appellate Division of the Supreme Court of New York 2010)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
In an action for a divorce and ancillary relief, the plaintiff appeals, as limited by her brief, and by her letter dated September 6, 2007, from so much of an order of the Supreme Court, Nassau County (Stack, J.), dated February 9, 2007, as directed the defendant to pay pendente lite maintenance in the sum of only $2,500 per month and pendente lite child support in the sum of only $500 per month, and awarded her an attorney’s fee in the sum of only $5,000.
Ordered that the order is affirmed insofar as appealed from, without costs or disbursements.
The purpose of a pendente lite award is to “tide over the more needy party” (Jordan v Jordan, 2 AD3d 687, 688 [2003] [internal quotation marks omitted]). A pendente lite award of support should reflect an accommodation between the reasonable needs of the moving spouse and the financial ability of the other spouse with due regard for the parties’ pre-separation standard of living (see Miller v Miller, 24 AD3d 521 [2005]; Bogannam v Bogannam, 20 AD3d 442 [2005]). Modifications of pendente lite maintenance and child support should rarely be made by an appellate court, and then only under exigent circumstances, such as when a party is unable to meet his or her financial obligations, or when justice otherwise requires (see DeVerna v DeVerna, 4 AD3d 323 [2004]; Aliano v Aliano, 285 AD2d 522 [2001]; Piali v Piali, 247 AD2d 455, 456 [1998]).
The Supreme Court also did not improvidently exercise its discretion in awarding an attorney’s fee of $5,000 (see Domestic Relations Law § 237 [a]; Bogannam v Bogannam, 20 AD3d at 442). Ritter, J.P., Florio, Miller and Dillon, JJ., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.