Vasav v. Healy
A court can award pendente lite alimony after considering the parties' income and needs. The parties married in April 2005 and have one minor child. They separated on Dec. 12, 2012, and the husband, who is not employed, requested pendente lite alimony of $3,895 per month. The wife requested that the court award her child support and find that the husband has a minimum earning capacity. The husband, who suffers from optic atrophy, worked in the financial industry until 2008, and then decided to work in the home as a caregiver for the parties' child, who was diagnosed with a medical condition. Currently, the husband resides with his parents and has visitation with the minor child three times per week and on weekends. The plaintiff wife earns $2,257 net per week in marketing. Currently, the minor child resides with the plaintiff wife. The parties did not provide child support guidelines worksheets, and the court did not award child support pendente lite. The court ordered the wife to pay pendente lite alimony of $491 per week.