Dalamagas v. Dalamagas
When ruling on a request for payment of support pendente lite, a court may consider the testimony of a financial expert who disputes the husband's testimony that business revenue is decreasing. The parties married and have three minor children. In June 2012, the husband allegedly changed the bank account password and ceased contributing his paychecks to a joint checking account. The wife requested that the court order that he pay pendente lite alimony and child support. The parties jointly hired an expert, John Kramer, to testify about the husband's finances. Although the husband claimed that his Soma Technology business, which sells new and repaired medical equipment, is in decline, and he does not expect to receive any additional bonuses this year, John Kramer testified that the business generated net income of $593,000 for the 10 months of the fiscal year that ended Aug. 31, 2012. Currently, the husband earns a base salary of $130,000 gross per year, plus a bonus, as a result of his 42 percent ownership interest in Soma Technology Inc. The husband also receives rental income of approximately $52,520 net per year, as a result of his 50 percent ownership interest in Soma Investment LLC. The court found that the husband earns about $4,462 gross per week. The wife previously earned about $65,000 gross per year as a registered nurse and, since 2001, has been working as a homemaker. The court imputed an earning capacity of $330 gross per week and rental income of $216 net per week to the wife. One of the minor children, who has special needs, resides with the husband and attends a specialized school. The other two children reside with the wife. The court ordered the husband to pay the wife pendente lite child support and alimony of $450 per week. The court also ordered the husband to contribute $1,800 per week to household expenses. The court ordered the wife to pay the mortgage, taxes and utilities of the marital residence.