Opinion
November 24, 1997
Appeal from the Supreme Court, Suffolk County (Floyd, J.).
Ordered that the order is modified by decreasing the amount of child support from $375 per week to $281.04 per week ($93.68 for each child); as so modified, the order is affirmed insofar as appealed from, without costs or disbursements.
Although a speedy trial is ordinarily the proper remedy to rectify inequities in an order directing payment of temporary support ( see, Walker v. Walker, 193 A.D.2d 730), pendente lite relief may be modified on appeal where justice so dictates ( see, Wesler v. Wesler, 133 A.D.2d 627, 628; see also, Fascaldi v. Fascaldi, 186 A.D.2d 532). Notably, when the support payments are "so prohibitive as to strip the payor spouse of income and assets necessary to meet his or her own expenses, relief may be granted in the interest of justice" (Chachkes v. Chachkes, 107 A.D.2d 786; Wesler v. Wesler, supra).
Upon review of the husband's income and the parties' expenses, and considering that the husband must pay all carrying charges on the marital residence, the pendente lite award of the Supreme Court should be modified by reducing the amount of child support to $281.04 per week for the parties' three children, which is in accordance with the formula set forth by this Court in Krantz v. Krantz ( 175 A.D.2d 863; see also, Campanella v. Campanella, 232 A.D.2d 598).
Although the Supreme Court was not obligated to consider the specific factors enumerated in Domestic Relations Law § 236 Dom. Rel. (B)(5)(d) and (6)(a) in determining the wife's application for pendente lite relief, the Supreme Court should have set forth the factors it considered in reaching its determination ( see, Weber v. Weber, 186 A.D.2d 189; LoMuscio-Hamparian v Hamparian, 137 A.D.2d 500). Although the court failed to do this, our review of the relevant evidence demonstrates that the order, as modified, is supported by the record.
O'Brien, J. P., Thompson, Sullivan and McGinity, JJ., concur.