Legal Question in Family Law in New Jersey
Pendente Lite support
During the interim period between separation and divorce re: maintaining the status quo - Would the court take any of the following factors into consideration?
- Reducing the amount the non-custodial parent is responsible for due to the extra living expenses of maintaining a separate residence?
- Prior to the separation, the marital expenses were very high and necessitated borrowing on a home equity loan to pay a substantial portion of these monthly expenses. So, could this amount be deducted when calculating the status quo figure?
- Can the non-custodial parent request (and be granted) temporary support (to cover basic living expenses) from the custodial parent (who has a much larger income)?
Thank you for any information you can provide.
1 Answer from Attorneys
Re: Pendente Lite support
It is a bit difficult to answer your questions without speaking to you either on the telephone or in my office, but I will try.
If you were living beyond your means and the Court is satisfied this was the case an allowance would be made accordingly.
If you would probably be entitled to alimony when the case is heard you will be able to receive spousal support pending the final disposition of the action for divorce, but each situation is unique and fact sensitive. You should hire an attorney.
Gary Moore, Esquire
Hackensack, New Jersey
www.garymooreattorneyatlaw.com
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