Pendente Lite Motions
Darren M. Shapiro, Esq. is a New York City and Long Island Divorce Lawyer that has represented many husbands and wives requesting and opposing pendente lite relief. Pendente lite is the legal term to describe things that are in effect while a case is pending. It there is not an agreement for certain orders to be made while a case is ongoing then a person usually needs to make a motion to ask for a court to grant certain relief such as: temporary custody and parenting time orders; temporary child support; exclusive use and occupancy of the marital residence; an order for the payment of the carrying costs of the property; temporary maintenance (also known as alimony); an order for interim counsel fees; and various other items that someone may or may not be entitled to while a case is continuing.
Pendente lite orders do not settle the case in its entirety as they are merely intended to level the playing field, so to speak, until the greater issues can be settled or decided in the divorce. They are supposed to tide things over until the rest of the case can be decided. Usually the Pendente Lite request is initiated by a motion brought on by what is called an Order to Show Cause. Opposing counsel will usually serve and file opposition papers which may or may not include cross-motions to ask for their own relief. Reply papers are in most instances the last set of papers that are served and filed on a motion before the motion is considered submitted for consideration. Our office can assist you in preparing, serving, and filing the papers in support or opposition to the Pendente Lite requests to present the strongest possible position to the court.
Mr. Shapiro works hard to properly present his client’s interests both in the prepared motion or opposition papers, and in arguing the case in court. How the court understands the case can be effected by discussions in chambers or oral argument in open court. It is important to have the representation and advice of an experienced matrimonial attorney, like Darren M. Shapiro, Esq. if you are litigating Pendente Lite issues in Nassau County or Suffolk County Long Island. We also represent clients in Queens County, New York City and the surrounding areas. We will discuss if it is possible to settle your Pendente Lite issues and the entire case early on. Sometimes, however, people are not able to settle the case in the beginning and we can represent you throughout until it is possible to settle or try the case.
A court might appoint an attorney for the child(ren) as a result of a pendente lite motion. The allocation of fees for the attorney for the children and other expenses in the case will usually be decided in the order. Forensics could be ordered by a court pendente lite. Forensics are investigations and reports by psychological experts regarding custody and parenting time issues that a court would use to help it decide ultimate issues on custody and parenting time. A temporary parenting time schedule is more likely to be issued than a custody order pendente lite since a court usually will want to have a full evidentiary hearing before make decisions about a disputed custody case. Mr. Shapiro has litigated and tried many custody cases and therefore has the experience to guide you when you have custody and parenting time issues. Exclusive use and occupancy of the marital residence can be granted if the court believes that the award is necessary to protect people and property. Such an order is not freely given, however, since people have the right to access and use their own property without the requisite showing of a need otherwise. Orders of Protection might be requested which is a similar request to exclusive use and occupancy but has subtle differences. Our office can explain the differences to you. More information on Orders of Protection and Family Offense information can be found in our blog entries and other pages on this site. Darren’s background in criminal law is a great resource to draw upon when dealing with Order of Protection issues.
Two of the most frequent and important requests in a Pendente Lite motion are for temporary child support and temporary maintenance. Both of these areas of law are discussed with more details in other parts of this site and our blog. Feel free to call or schedule your free initial consultation about maintenance and child support. Like child support, there is currently in effect a presumptive guideline amount of temporary maintenance. Oddly, there is not a guideline amount for the maintenance ordered at the end of a divorce case if there is any. Darren can discuss with you the guideline amounts and the reasons that the court might deviate from the same. He can help best present your case to try to maximize your finances.
Daycare or child care costs, expenses for education, unreimbursed medical expenses, health care, car costs, temporary attorney fees, expert costs, and other items may be a part of a Pendente Lite motion. Pendente lite orders are a technical and important part of your case which can really ultimately make a difference in the results you are able to achieve in your divorce. Darren has been on all sides of the issues involved with Pendente Lite motions. Give us a call to talk about your Pendente Lite issues. It would be Darren’s pleasure to talk to you about the case.