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Understanding Pendente Lite Motions

Pendente Lite Motions
  • Practice Area Divorce

Pendente Lite Relief in Divorce Actions

When to Consider a Motion for Pendente Lite Support

A pendente lite motion is a request for immediate court intervention to address urgent issues that arise while a divorce is pending. You may need a pendente lite motion to obtain a temporary order if you find yourself in one or more of the following situations. 
  • Child Support: If your spouse fails to provide support for your children, you can request pendente lite child support to ensure their needs are met.
  • Spousal Maintenance: When there's a significant income disparity and your spouse isn't contributing financially, you may seek pendente lite maintenance.
  • Legal Fees: If the cost of legal representation poses a financial burden and your spouse has more financial resources, you can ask for pendente lite counsel fees to cover or share legal expenses.
  • Expert Fees: For a fair division of marital assets, if expert analysis is required but financially out of reach, pendente lite expert fees can be sought.
  • Orders of Protection: In cases of verbal or physical abuse, a pendente lite order of protection can be requested for your safety.
  • Child Custody: If your children's well-being is at risk due to your spouse's behavior, you might need pendente lite custody arrangements.
While many spouses are able to reach an informal temporary divorce agreement on finances until their divorce is finalized, sometimes that is not possible.  Other times these informal agreements may result in insufficient credits being given to the payor spouse resulting in an overpayment. Other times it may give the paying spouse too many credits resulting in an underpayment. At the Law Office of J. Douglas Barics, we possess the expertise to secure a fair temporary support order, either through negotiation or by filing a motion.

Services Offered

  • Assessment of Finances: Analyzing your situation to determine if a pendente lite motion is necessary and cost effective.
  • Motion Preparation: Drafting and filing the motion for pendente lite relief tailored to the facts of your case.
  • Negotiation: Seeking amicable resolutions to avoid a motion where possible. Very often temporary agreements are made without filing a motion.
  • Court Representation: Advocating for your right to temporary support  in court if agreement cannot be reached.
  • Enforcement: Ensuring compliance with any pendente lite orders issued by the court.

Why Choose The Law Office of J. Douglas Barics

  • Experience: With thirty years of matrimonial experience, we understand the urgency and importance of pendente lite relief.
  • Tailored Legal Solutions: There is no such thing as a one size fits all pendente lite motion. Each motion must state the specific financial issues for that case, including the difficulty in knowing the specific financials of your spouse early on.
  • Commitment to Fairness: We strive to ensure that temporary orders are equitable and beneficial. Fair agreements are far more likely to be followed by both sides and play a large role in resolving the divorce itself and keeping people out of court in the future.

Do you need representation in obtaining pendente lite relief in your divorce?

Contact us online or at (631) 864-2600.

What You Need to Know About Pendente Lite Motions

What is a pendente lite motion?

A pendente lite motion is a request for temporary orders to provide support and other relief to one or both parties on various issues before they can resolved on a final basis.

How is a pendente lite order obtained?

Pendente lite orders are requested by making a motion. A pendente lite motion can request multiple temporary orders. In order to make a pendente lite motion, the following steps are required.

  • A divorce must be filed. No matter how pressing the pendente lite relief is needed, it cannot be awarded without an underlying matrimonial case being commenced.
  • Service of the summons in the divorce is not required to be done before filing the motion for pendente lite relief. In an emergency situation, the motion can be filed immediately after the summons is filed.
  • An Request for Judicial Intervention (RJI) must filed. This is the request to assign a judge to the case.
  • The pendente lite motion may be either a notice of motion or an order to show cause.
  • The pendente lite motion should be brought before the preliminary conference if possible, but it is not a requirement to do so.
  • A net worth statement must be included as an exhibit.
  • When counsel fees are requested, an attorney affirmation must be attached that includes the following information:
    • The amount of money received by the attorney to represent the moving party
    • The hourly rate of the attorney
    • The amounts paid or amounts outstanding owed to the attorney
    • Additional costs or disbursements
    • The monies the attorney has been promised to be paid by someone other than the client

What is pendente lite child support?

Pendente lite child support is a temporary order of child support that starts when the motion is filed and ends with the final judgment. Any payments made under the temporary order will be credited towards the total amount of child support due. Pendente lite child support will often be based on CSSA guidelines, but the court is not required to do so if circumstances warrant.

What is pendente lite maintenance?

Pendente lite maintenance is a temporary order maintenance that starts when the motion requesting it is made and ends either upon the judgment or if the temporary order says it ends earlier. Pendente lite maintenance is determined by a formula which uses two calculations. Whichever calculation gives the lower amount of support is used. The temporary maintenance calculator is available at the New York State Unified Court System Homepage. Below is a direct link.

Temporary Maintenance Calculator

What are pendente lite counsel fees?

Pendente lite counsel fees are a temporary award of attorney fees by the spouse with more money to the spouse with less money to allow both spouses equal access to being represented by a lawyer. Under Domestic Relations Law 237, there is a presumption that these fees must be paid to address the economic disparity between the spouses on a temporary basis. Unlike a final award of counsel fees, there is no requirement for an in depth analysis.

All requests for pendente lite counsel fees must include:

  • The attorney's retainer agreement
  • The retainer agreement must comply with 22 NYCRR 1400
  • A statement of net worth
  • A statement by the attorney that includes the amount paid already, the hourly rate, the amounts owed, and whether or not anyone else has agreed to pay counsel fees
  • An affidavit by the spouse seeking counsel fees explaining in greater detail the financial circumstances of the parties.

What are pendente lite expert fees?

Pendente lite expert fees awards are temporary fee awards to pay for experts to provide expert opinion on various matters. Experts include forensic accountants, custody experts, or valuation experts. Experts are the only type of witness who may give an opinion, and the use of an expert is often required when there is a business, hidden accounts or hidden income.

In order to request a payment towards your own expert, an affidavit from the proposed expert is necessary which details his or her qualifications, the rates, the anticipated work, and the estimated cost. See Ahern v Ahern for the case which established these standards.

What is pendente lite exclusive occupancy?

Pendente lite exclusive occupancy is a temporary order of excusive occupancy that grants the moving party temporary use and occupancy of the marital residence while the divorce is ongoing. In order to be awarded pendente lite exclusive occupancy, there must be a showing that the other spouse is making unsafe to reside together by threats to the moving spouse, the children or threatening to destroy property. Temporary occupancy can also be granted if the other spouse has taken up an alternate residence elsewhere.

What is pendente lite custody and parenting time?

Pendente lite custody is a temporary award of custody to one parent or temporary orders of parenting time to both parents without giving either temporary custody prior to a full trial. Custody cases are extremely fact specific and pendente lite orders are not designed to address issues in depth. Pendente lite parenting time will often be address when one parent is being deprived of meaningful access to the children. Pendente lite custody is generally reserved for cases involving domestic violence or when there are undisputed facts of one parent being absent from the children's lives.

Contact Our Matrimonial Attorney Today

At the Law Office of J. Douglas Barics, we have the skills and knowledge to handle any pendente lite motion, no matter how challenging. With over 25 years of matrimonial experience, we can bring to you the services of a large firm at a fraction of the cost. When you need a skilled divorce lawyer located in Suffolk County, call The Law Office of J. Douglas Barics.

For a free phone case consultation or to schedule an office meeting, call 631-864-2600.