On a long motion in a family law proceeding, the respondent wife sought a substantial interim disbursement to fund valuation, forensic document review, and future litigation steps in a dispute involving alleged improper sale of a matrimonial home, disputed intrafamily loans, equalization, and support.
The court held that the threshold merit standard on an interim disbursement motion is not onerous and found sufficient merit in the wife's claims concerning the separation date, the characterization of the property transaction, the legitimacy or discounting of alleged debts to the paternal grandparents, and the need to test the husband's business valuation and income evidence.
The court further found that the wife lacked the means to pursue the litigation, that the playing field was not level, and that the husband had or could access resources to pay.
The requested amount was reduced for proportionality, and an interim disbursement of $137,500.00 was ordered within 30 days.
