David Molner v. Naomi Molner
Attorneys and Parties
Brief Summary
Family law (child support add-ons and interim relief)
The Supreme Court, New York County, granted the husband's motion for interim relief pending a financial hearing by directing the wife to pay 100% of the 2024–2025 college tuitions for the two sons (on consent), and 50% of future college expenses for the children, the daughter A.M.'s private school tuition, and the daughter G.M.'s therapeutic treatment, subject to reallocation.
The portions ordering the wife to pay 50% of any future college expenses, A.M.'s private school tuition, and G.M.'s therapeutic treatment were reversed; those requests were denied without prejudice and remanded. The consent-based order requiring payment of 100% of the 2024–2025 college tuitions for the sons was not appealable and thus not disturbed.
The husband failed to submit a current sworn statement of net worth as required by 22 New York Codes, Rules and Regulations (NYCRR) 202.16(k)(2) [requiring submission of a current sworn statement of net worth with applications for interim relief in matrimonial actions], and did not provide recent tax returns or financial documentation. The record did not justify deviating from the parties' financial agreement and the status quo prior to the scheduled financial hearing, and was insufficient for appellate review.
Background
Following a divorce incorporating a financial agreement, the husband sought interim relief ahead of a financial hearing before a Referee to shift responsibility for child-related add-on expenses. The trial court granted the husband interim relief, including ordering the wife to pay certain educational and therapeutic costs, with the two sons' 2024–2025 college tuitions granted on consent. The wife appealed the non-consensual portions. The husband, appearing pro se on appeal, did not submit current financial disclosures with his application.
Lower Court Decision
The Supreme Court (New York County) granted the husband's motion for interim relief: it ordered the wife to pay 100% of the sons' 2024–2025 college tuitions (on consent) and 50% of future college expenses, their daughter A.M.'s private school tuition, and their daughter G.M.'s therapeutic treatment, subject to reallocation after a financial hearing.
Appellate Division Reversal
The Appellate Division reversed, with costs, the interim directives requiring the wife to pay 50% of future college expenses and the daughters' private-school and therapeutic costs, denied the husband's interim application without prejudice, and remanded for further proceedings. The court found noncompliance with 22 NYCRR 202.16(k)(2) and a lack of supporting financial documentation, and noted there was no articulated basis to deviate from the parties' financial agreement and the status quo before the financial hearing; the record was also insufficient for appellate review. The portion directing payment of 100% of the sons' 2024–2025 college tuitions was not appealable because it was granted on consent and therefore remained undisturbed.
Legal Significance
The decision reinforces that trial courts should not modify the parties' financial agreements through interim orders absent a sufficient evidentiary record and compliance with mandatory disclosure rules, including a current sworn statement of net worth under 22 NYCRR 202.16(k)(2). It underscores that deviations from the status quo pending a matrimonial financial hearing require a substantiated need and proper documentation.
Interim reallocation of child support add-on expenses will be denied where the moving party fails to file a current net worth statement and supporting financial documents, and where no compelling basis is shown to deviate from the parties' agreement before a scheduled financial hearing; consent orders are not appealable.