Mississippi Motion for Pendente Lite Relief

State:
Multi-State
Control #:
US-02526BG
Format:
Word; 
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Description

Pendente lite refers to an order which is in effect awaiting the litigation (lawsuit). It is often used in divorce law to refer to court orders such as temporary child support, visitation, or alimony which are in effect until the case is tried, or rights which cannot be enforced until the lawsuit is over. Pendente lite matters are contingent on the outcome of the underlying litigation. Sometimes a party is required to deposit funds with the court pending the outcome of the lawsuit. If the depositing party loses the lawsuit, the funds are paid to the opposing party.

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FAQ

If your parental rights are revoked, you're no longer considered to be your child's parent from a legal standpoint. This extends to all areas where someone may have parental responsibilities, including paying child support.

Even if the father and mother both agree to ?no child support,? many judges simply will not approve such an order. You should plan on child support being a non-negotiable point with the chancellor, or else having a very good reason why it should be waived in your case.

To obtain alimony pendente lite, the applicant must show: Proof of marriage to the other spouse. The existence of a pending divorce. A cause of action or defense with some chance of success. Financial inability to support himself or herself and pay for the expenses associated with divorce.

In Mississippi, your custody order can affect your child support obligation. Although both parents have a duty to support their child, typically only the noncustodial parent makes child support payments. A "noncustodial parent" is the parent who spends less than fifty percent of the time with the child(ren).

When Will the Court Consider a Child's Preference? Under Mississippi child custody laws, a court will consider a child's preference whenever a child is 12 years or older.

Seven years is the statute of limitations on retroactive support in Mississippi. It was changed to seven years in 1991. Before that, the limit was only one year. If you have questions about child support, back support, or retroactive support, call The Law Offices of Rusty Williard at (601) 824-9797.

If both parents share custody, does anyone pay child support? Almost always, someone will have to pay child support. Section 43-19-101 of the MS.

In Mississippi for one child the non-custodial parent pays 14% of their adjusted gross income. For two children the non-custodial parent pays 20% of their adjusted gross income. For three children the non-custodial parent pays 22% of their adjusted gross income.

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Mississippi Motion for Pendente Lite Relief