North Dakota 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

North Dakota is a ?no fault? divorce state. The grounds (reasons) for a no fault divorce is ?irreconcilable differences.? Irreconcilable differences are substantial reasons for not continuing the marriage and which make it appear the marriage shouldn't be resolved.

There are no hard-and-fast rules as to the age at which a child is considered mature enough to testify as to a preference regarding residential responsibility. A court might find a ten year old in one case mature enough to express a preference, but find otherwise regarding a thirteen year old in another case.

Under North Dakota law, each parent has the following rights and responsibilities: the right to see (and get copies of) the child's educational, medical, dental, religious, insurance, and other records. the right to attend educational conferences concerning the child.

In North Dakota, most support obligations end when the youngest child turns 18 or the last day of the month the child graduates from high school, whichever happens later. Most North Dakota court orders will not continue past the age of 19, even if a 19 year old child is in high school.

Interest is charged on past-due support when the support was ordered by a North Dakota court. The 2023 interest rate is 10.00%. Interest is charged on the past-due principal balance (simple interest). Interest accrual may be suspended by entering into a payment plan with Child Support.

Father's Rights to Child Custody and Visitation This means decisions regarding the child's residency as well as a visitation schedule by the non-custodial parents are all made with the child's best interests and wellbeing in mind.

After receiving notice of the appearance or representation, the court shall attempt to hold an emergency hearing, either in person or by telephonic conference, at which both parties may be heard, before issuing any order.

North Dakota law uses one parent's income from the equivalent of one full-time job to determine a child support amount in sole custody cases. Both parent's incomes figure into joint custody child support.

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North Dakota Motion for Pendente Lite Relief