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.
Oregon Motion for Pendente Lite Relief
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FAQ
Under Oregon law, a delegation of parental/guardian rights is effective for a maximum of six months. You can limit this time period to as little as you want, but you cannot extend it beyond six months.
Overall, in order to maintain the status quo, a divorcing spouse may file a Motion for Pendente Lite (awaiting the litigation in Latin), which is an application for temporary relief pending the final resolution or decision of a divorce case.
ORS 107.139(1) authorizes post-judgment ex parte temporary orders of custody and parenting time if a parent of the child is present in court and presents a declaration alleging that the child is in immediate danger. A good faith effort to confer is required. Clear and convincing evidence is required.
If you believe your child is in immediate danger while in the care of the other parent, you can protect them by petitioning the court for emergency custody. Such situations may include a parent with substance abuse issues or who is potentially physically abusive.
There are two common types of custody in Oregon: joint custody and sole custody.
Obtaining Temporary Orders in Oregon Divorce Cases Temporary orders are awarded by filing a motion and affidavit requesting an order for temporary relief. These motions are called ?pendente lite? (Latin) motions because they are pending during litigation.
You can ask the court to make temporary orders after you file a Petition. In a post-judgment action, you can ask the court to make temporary orders after you file a Motion (request). Either Petitioner or Respondent may ask for temporary orders. Temporary orders are effective as soon as a judge signs the order.
The child support obligation is based on income and is then reduced (credited) depending on the number of overnights. If a parent's percentage of the combined income is greater than the percentage of their parenting time credit, that parent will owe support.