Florida Motion for Pendente Lite Relief

State:
Multi-State
Control #:
US-02526BG
Format:
Word; 
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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.

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FAQ

Pendent jurisdiction. n. in federal procedure, the policy that allows a federal court to decide a legal question normally tried in state courts because it is based on the same facts as a lawsuit which is under federal court jurisdiction. ( It also may be spelled: pendant.

Pendente lite. (pen-den-tay lee-tay) adj. Latin for awaiting the litigation (lawsuit). It is applied to court orders (such as temporary child support) which are in effect until the case is tried, or rights which cannot be enforced until the lawsuit is over.

A motion for child support relief in Florida is generally filed by the spouse or parent who wants to receive child support during a divorce of paternity case. The factual basis of this motion for temporary relief is that one parent is in a lesser financial position than the non-paying parent.

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.

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.

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

A Latin term meaning "pending the suit" or "pending [the] litigation underway". ACADEMIC TOPICS. legal education and writing.

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Florida Motion for Pendente Lite Relief