This is a sample rmotion for pendente lite relief in Circuit Court, Domestic Relations Division.
Support Pendente Lite Rules Of Court
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How to fill out Alabama Motion For Pendente Lite Relief?
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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.
How you calculate the actual payment is different though. The range here is 1.5-2%, times the income difference between the spouse's gross income, times the years of cohabitation to a maximum of 50% of that income difference. Finally, multiply these final numbers by the years of cohabitation: 94 * 12 = $1128.
Alimony is set at 30% percent of the higher-earning spouse's income minus half of the lower-earning spouse's income.
Pendente lite (or temporary) child support is the support that can either be agreed upon by both parties in the case with the assistance of a professional attorney such as Darren Shapiro, or awarded by the court as a divorce proceeds.