Virginia Motion for Pendente Lite Relief

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US-02526BG
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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.

Virginia Motion for Pendent Lite Relief refers to a legal request made by a party during divorce proceedings to obtain temporary relief until a final court decision is reached. Pendent Lite Relief aims to maintain the status quo and address urgent financial, custody, and support issues while the divorce is ongoing. This motion plays a crucial role in ensuring fairness and stability during the process. One type of Virginia Motion for Pendent Lite Relief includes spousal support or alimony, where a party requests temporary financial assistance from the other spouse to cover living expenses during the divorce process. This support can be important as individuals often face significant financial changes after separating. Child custody and visitation are also significant aspects addressed in this motion. Parties may request temporary custody arrangements or visitation schedules to provide stability for the children involved in the divorce. Such motions seek to maintain the children's best interests and minimize disruption during the divorce proceedings. Another type of Pendent Lite Relief commonly sought in Virginia is a temporary child support. The motion seeks to ensure that the parent with primary custody receives financial assistance from the other parent to cover the child's expenses during the divorce process. This support helps guarantee the child's well-being and meets their essential needs until a final child support order is determined. In addition to financial support, the motion may include requests for temporary use and possession of property. This could involve an individual seeking temporary use of the marital home, vehicles, or other assets until a final property division is determined. Overall, Virginia Motions for Pendent Lite Relief encompasses various types of requests aiming to provide temporary resolutions for urgent matters during a divorce case. These motions ensure the stability, support, and well-being of the parties involved, especially children, until a final court decision is made.

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FAQ

The formula stated in § 16.1-278. is: (a) 30% of the gross income of the payor less 50% of the gross income of the payee in cases with no minor children and (b) 28% of the gross income of the payor less 58% of the gross income of the payee in cases where the parties have minor children in common.

?Pendent lite? spousal support allows courts to order temporary spousal support to maintain the financial status quo between the parties during divorce proceedings.

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.

If the parties have minor children in common, the presumptive amount of an award of pendente lite spousal support and maintenance shall be the difference between 26 percent of the payor spouse's monthly gross income and 58 percent of the payee spouse's monthly gross income.

A pre or post nuptial agreement may include provisions establishing the type or amount of spousal support paid to a spouse in the event of divorce, as well as a waiver of the right to spousal support. Courts will typically not modify such agreements.

Pendente lite spousal support is a temporary support amount that will be effective until a final disposition in the case. The parties can jointly agree to an appropriate amount, or the court can make that determination based on the respective incomes of the parties.

More info

Pendente lite is Latin for “pending the litigation” and in the context of your divorce it can mean temporary relief while your divorce is finalized. Dec 14, 2020 — In a divorce, one party may file a pendente lite motion to request spousal assistance during the divorce action. That is the most common reason ...May 5, 2016 — Virginia law grants the court the authority to issue pendente lite orders in any divorce case. Either or both parties may file a motion for ... Dec 1, 2022 — In the Fairfax County Circuit Court, in order to obtain this temporary relief, you would need to file a motion (essentially a request) with the ... May 18, 2020 — The single most important step in preparing for a pendente lite hearing is to ally yourself with a strong family law attorney. Your Virginia ... B. If the court is determining both an award of pendente lite spousal support and maintenance and an award of child support, the court shall first make a ... May 26, 2022 — A pendente lite support Virginia order requires the financially strong party in a marriage to pay temporary alimony when the case is pending. If ... The court may deviate from the presumptive amount as provided in subsection H. F. If the court is determining both an award of pendente lite spousal support ... Pendente lite means pending litigation. In the context of spousal support, the court might make a pendente lite award of support. That means the support ... A Motion for Pendente Lite Relief seeks temporary support and other temporary rulings pending a Final Order of Divorce. Virginia Code §20-103 grants the court ...

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Virginia Motion for Pendente Lite Relief