Extenuating circumstances in regards to gaining custody of three niece/nephews prior to divorce being settled

Question

My divorce began in 2015.  We have been living apart since 2010.  Pende Lite was determined 5/15/2017.  My brother passed away 5/20/2017 and after going through months of family court,  I now have 100% legal custody of my brother's three children.  Would this be considered an extenuating circumstance that I would be able to appeal the pende lite? As well in  the overall calculation of the settlement?  I understand that if I had had children with someone else during this time, it would not be allowed in any calculations - however, this was unexpected and would have and will still do whatever I can to help my brother's children.   My ex and I are both over 60 and had been married in 1980.  Our own children are grown adults.   The expenses between the Pende Lite, the three children and my legal fees are draining everything I have left.  To clarify - I am the one paying the Pende lite.

Nina Mironenko · Answer

The support of your brother's children are not your spouse's obligation.   Do you/the 3 children qualify for Social Services?    If your individual expenses and counsel fees were draining you, then you could petition the Supreme Court in your divorce for your spouse to pay your counsel fees and perhaps increase your pendente lite spousal support, BUT courts are hesitant to modify pendente lite and prefer to resolve all issues at trial or by settlement.

Q: Extenuating circumstances in regards to gaining custody of three niece/nephews prior to divorce being settled