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JEROME PODWAL, Appellant, v. LYNN PODWAL, Respondent.

Ordered that the order is modified, as a matter of discretion, by reducing the child support from the sum of $200 per week to $140 per week; as so modified, the order is affirmed insofar as appealed from, without costs or disbursements.

It should be observed that the general rule continues to be that the proper remedy for any perceived inequity in a pendente lite award is a speedy trial ( see, Bagner v Bagner, 207 AD2d 367). However, pendente lite relief may be modified on appeal where the ordered support payments are "`so prohibitive as to strip the payor spouse of income and assets necessary to meet his or her own expenses'" ( Fascaldi v Fascaldi, 186 AD2d 532; see also, Gold v Gold, 212 AD2d 503).

Upon review of the plaintiff husband's income and the parties' expenses, as set forth in the record, and considering that the husband must pay most of the carrying charges on the marital residence, we find that the pendente lite award of the Supreme Court should be modified by reducing the child support award from $200 to $140 per week ( see, Bagner v Bagner, supra, at 368).

The plaintiff husband's remaining contentions are without merit.

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PODWAL v. PODWAL
(Dec 23, 1996)