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PRELIMINARY CONFERENCE (PC) ORDER SETTING TEMPORARY MAINTENANCE WHICH DEVIATED FROM THE PRESUMPTIVE AMOUNT INVALID; UPWARD MODIFICATION PROPER.

The First Department, in a full-fledged opinion by Justice Acosta, affirming Supreme Court, determined a preliminary conference (PC) order directing temporary maintenance of $250 per week was invalid, and an upward modification of the temporary maintenance to $7500 per month was proper. The PC ($250 per week) deviated from the presumptive award of temporary maintenance, did not specify the reasons for the deviation, and did not include the amount of temporary maintenance which would have been in accordance with Domestic Relations Law 236:

 

Because the temporary maintenance terms in the PC order deviated from the presumptive award of temporary maintenance without providing the statutorily required recitals, the terms are unenforceable … . Moreover, because the remaining terms of the PC order are intertwined with the temporary maintenance terms, the entire order is invalid … . Anonymous v Anonymous, 2016 NY Slip Op 05736, 1st Dept 8-4-16

FAMILY LAW (PRELIMINARY CONFERENCE (PC) ORDER SETTING TEMPORARY MAINTENANCE WHICH DEVIATED FROM THE PRESUMPTIVE AMOUNT INVALID; UPWARD MODIFICATION PROPER)/MAINTENANCE (FAMILY LAW, PRELIMINARY CONFERENCE (PC) ORDER SETTING TEMPORARY MAINTENANCE WHICH DEVIATED FROM THE PRESUMPTIVE AMOUNT INVALID; UPWARD MODIFICATION PROPER)/TEMPORARY MAINTENANCE (FAMILY LAW, PRELIMINARY CONFERENCE (PC) ORDER SETTING TEMPORARY MAINTENANCE WHICH DEVIATED FROM THE PRESUMPTIVE AMOUNT INVALID; UPWARD MODIFICATION PROPER)

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