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Pendente lite motion ever get rejected by the court?

Bellmore, NY |

What factors do the court look at when considering granting pendente lite relief for child support, maintenance, carrying charges, legal fee and so forth? My husband's income more than doubles mine, but he has little or no savings; whereas I do have about $20K savings in my bank account. He has moved out and has been selectively paying certain bills, not enough to cover his prorated share.

What is the likelihood of the court granting pendente lite relief in my case? Would my motion get rejected because I do have some savings to my name?

Attorney Answers 5


  1. It is difficult to provide you with a in depth answer to your question without more facts. You should really speak with an attorney. It seems there are many issues in your divorce (maintenance, child support, use and occupancy of the marital residence, etc). These questions cannot be evaluated in an AVVO answer.

    However, with this with this being said, you should certainly discuss the filing of a pendente lite application with an attorney. I suspect many of your requests would be granted, especially if you have presently have custody of the child(ren), earn less money that your spouse and reside in the marital residence.

    Feel free to call my office for a free consultation. I would be happy to explore these issues with you.

    Michael C. Barrows, Esq.
    Law Offices of Michael C. Barrows
    369 Lexington Avenue, 2nd Floor
    New York, New York 10017
    Tel. (646) 237-7850
    Fax. (646) 619-9312
    www.BarrowsLaw.com
    www.NewYorkDivorce.info

    Please be advised that the information contained herein is provided for educational purposes only and is not intended to be legal advice. Further, in the absence of a signed retainer agreement or letter of engagement between the recipient hereof and the author, the transmission of this information does not create an attorney-client relationship.


  2. Pendente lite motions are something on which judges have broad discretion. They review the Net Worth Statements and the arguments of the parties, and make a decision which often mirrors the way the judge believes the case will ultimately settle.

    Savings are a factor, but not necessarily the deciding factor.

    You should discuss the situation in detail with a local attorney. This type of motion is rarely a do it yourself project on which a pro se litigant will do well.

    Under the rules governing the conduct of attorneys in New York it may be necessary to remind you that this answer could be considered attorney advertising.


  3. Pendente Lite motions usually consider many different requests for relief, including child and/or spousal support, exclusive use of the residence, custody, payment of expenses, etc. all while the litigation is pending. Since there is limited evidence Judges do not like to give away everything until trial and you still have to give good evidence of the need for such temporary relief. Without more evidence no one can speculate. You shoould talk to your attorney. If you do not have one you need one.

    The above is a general answer and is not considered legal advice. You should contact an attorney before proceeding to take any legal action, signing any papers or upon service of a summons. Howard E. Knispel 631-864-7589


  4. Your question asks for a number of answers, each category being very involved. The movant in a pendent lite (interim relief) motion can ask for the world, but it is the circumstances of the parties, the law, and any applicable standards which the court will use to decide how much of the requested relief can and should be granted temporarily pending the outcome of litigation. For example, temporary spousal maintenance uses a formula based upon incomes and the judge calculates the amount and awards it temporarily, subject to correction upon judgment. These and other details are only obtainable if you consult with a matrimonial attorney or spend a lot of time educating yourself from less efficient sources.

    If you found this "helpful" or "best answer," please click it with my appreciation. My response is for educational purposes and does not constitute legal advice nor creates an attorney client relationship which requires all the details and a personal conference.


  5. Schedule an appointment to discuss with an experienced divorce lawyer. Custody will determine the granting of child support, child care, and medical coverage and co pay. Spousal maintenance is a formula subject to deviation. Legal fees may be awarded if there is a substantial difference in income. Spend the time to complete a budget and statement of net worth including a tax return and current pay stubs and household bills.

    If this answer is helpful, then please mark the helpful button. If this is the best answer, then please indicate it. Thanks. For further information you should see an attorney and discuss the matter completely. If you are in the New York City area, then you can reach me during normal business hours at 718 329 9500 or www.mynewyorkcitylawyer.com.

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