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.
West Virginia Motion for Pendente Lite Relief
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US-02526BG
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No injunction shall be awarded in vacation nor in court, in a case not ready for hearing, unless the court or judge be satisfied by affidavit or otherwise of the plaintiff's equity; and any court or judge may require that reasonable notice shall be given to the adverse party, or his attorney at law, or in fact, of the ...
(a) Any party may file a motion for reconsideration of a temporary or final order of the family court for the following reasons: (1) Mistake, inadvertence, surprise, excusable neglect or unavoidable cause; (2) newly discovered evidence which by due diligence could not have been available at the time the matter was ...
(a) A magistrate court may accept electronic payments, credit cards, cash, money order, or certified check for payment of all costs, fines, fees, forfeitures, restitution, or penalties in ance with rules promulgated by the Supreme Court of Appeals.
In West Virginia shared custody, the nonresidential parent pays child support to the residential parent. In the case of a 50/50 split, the higher earner generally pays child support to the lower earner to ensure the children's standard of living is the same in both locations.
The Best Interests of Child Protection Act of 2022 amends WV Code to include a presumption that equal child custody should be the starting point in WV custody cases.
§48-5-707. Reduction or termination of spousal support because of de facto marriage. Next§48-5A-101.
§51-2A-9. Sanctions must give the contemnor an opportunity to purge himself or herself. In selecting sanctions, the court must use the least possible power adequate to the end proposed. A person who lacks the present ability to comply with the order of the court may not be confined for a civil contempt.
Under the new WV custody law, both types of custodial rights shall be shared equally between the parents unless the parents agree otherwise or the court finds such shared custody is not in the best interests of the child.
