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Pendente Lite Custody in Alabama These motions ask the court to issue temporary orders addressing issues that arise while a divorce is pending. The court may address child support, child custody, alimony, and restraining orders. However, temporary orders can set the status quo for permanent custody determinations.
(1) The relative earnings and earning capacities of the parties. (2) The ages and the physical, mental and emotional conditions of the parties. (3) The sources of income of both parties, including, but not limited to, medical, retirement, insurance or other benefits.
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.
The amount of the alimony award depends on the specific facts of each situation. It is up to the court to determine the amount of the alimony award; however, the court must consider statutory and other factors when determining the amount of alimony to be awarded.
How much is alimony usually? Alimony is usually around 40% of the paying party's income. This number is different in different states and different situations.