Barbara M. Bell v. Thomas H. Bell (03/26/92‪)‬

The parties were married in March 1974 and have two children. In April 1985, plaintiff commenced this action for divorce and moved for pendente lite relief. Supreme Court granted plaintiff's pendente lite motion and directed, inter alia, defendant to pay $375 per week in temporary maintenance and child support and to maintain liquid assets of $150,000 in the United States. From 1985 to 1989, including an 18-month period when defendant was unemployed, Supreme Court denied all of defendant's motions for a downward modification of the pendente lite award. In 1987 defendant was ordered to pay $6,000 in arrears. Thereafter, Supreme Court twice ordered defendant in 1989 to sell bonds in his possession in order to provide the $150,000 in liquid assets to be maintained in the United States and directed defendant to pay arrears of $8,290. Neither of the judgments for arrears were satisfied and defendant continued his failure to make maintenance and support payments. Finally, plaintiff moved [181 A.D.2d 978 Page 979] -- in 1990 for arrears of $21,267.18 and for an order holding defendant in contempt of court. Defendant replied and cross-moved for a downward modification of the pendente lite award. Supreme Court denied the cross motion, granted plaintiff's motion for arrears in the amount of $9,125 and determined that defendant was in contempt. This appeal by defendant ensued. We affirm.