Pendente Lite

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US-02526BG
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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 Pendent Lite Relief is a legal term that refers to a request made to the court by a party involved in a divorce or family law case. The purpose of this motion is to seek temporary relief or support during the pendency of the case, until a final judgment or resolution is reached. This motion plays a crucial role in ensuring the financial stability and wellbeing of the parties involved, especially when the divorce proceedings might take an extended period. The Oregon Motion for Pendent Lite Relief is filed when one party seeks interim support or resolution of specific issues like child custody, child support, spousal support, or the use of marital property while the divorce case is pending. The aim is to establish a fair and equitable arrangement until a final determination can be made. The types of Oregon Motion for Pendent Lite Relief may include: 1. Temporary Child Custody: This motion seeks to establish custody arrangements for minor children during the divorce process. It outlines the visitation schedule, the allocation of parental responsibilities, and determines the child's primary residence. 2. Temporary Child Support: This motion seeks financial support for children during the divorce proceedings. It includes provisions for medical insurance coverage, childcare expenses, education costs, and reasonable living expenses. 3. Temporary Spousal Support: This motion requests temporary financial support for one spouse from the other. It aims to maintain the dependent spouse's standard of living during the divorce process. 4. Temporary Use of Marital Property: This motion addresses disputes related to the use and possession of marital property, such as the family home, vehicles, or bank accounts. It ensures that both parties have access to necessary resources while the divorce is pending. 5. Temporary Restraining Orders: In some cases, a party may file for a temporary restraining order to protect themselves, their children, or their property from harm or dissipation during the divorce proceedings. When filing an Oregon Motion for Pendent Lite Relief, it is essential to include relevant facts, supporting documents, and persuasive arguments to convince the court of the urgent need for temporary relief. Parties should consult an experienced family law attorney who can guide them through the legal process and help craft a strong and compelling motion.

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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.

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(1) Motions under ORS 107.095, for custody, parenting time, child and spousal support, possession of personal property, and other temporary relief pending trial ... The Motion and Show Cause Order must separately state each item of relief requested. $7.00. Instructions. STEP 1. Complete documents: • Motion for Prejudgment ...Temporary orders are awarded by filing a motion and affidavit requesting an order for temporary relief. ... These motions are called “pendente lite” (Latin) ... To make any of these requests, you must file a “motion” (request) asking the court to do what you want. One type of temporary order is called a Status Quo Order ... In general, it is very important to file a Pendente Lite Motion immediately and have a temporary hearing. Along with the Motion, the Case Information Statement, ... To ask a court to set aside (cancel) a court order or judgment, you have to file a “request for order to set aside,” sometimes called a “motion to set ... Nov 13, 2012 — You need to respond to both immediately. You have to file your Pendente Lite response 15 days before the hearing, and you have 35 days from the ... Instructions to person filling out this form: 1. Fill out this form and keep a copy for your records. 2. Mail or deliver a copy to all attorneys and. The mother attached to her motion the child's Oregon birth certificate, a lost ... motion seeking to hold the mother in contempt and for pendente lite custody. One of these forms is required. Select the one that best matches the issues you want the judge to address. File a "motion" if you are the one who wants to set a ...

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Pendente Lite