Pendente Lite Child Support Orders: Securing Temporary Support During Your NYC Divorce

When parents in New York City decide to divorce, they may need immediate financial assistance to care for their children while the divorce is pending. A pendente lite child support order provides temporary support until a final agreement is reached. "Pendente lite" is a Latin term meaning "pending the litigation." These orders ensure the child's needs are met during the often lengthy divorce process.

What is a Pendente Lite Child Support Order?

When parents in New York City decide to divorce, they may need immediate financial assistance to care for their children while the divorce is pending. A pendente lite child support order provides temporary support until a final agreement is reached. "Pendente lite" is a Latin term meaning "pending the litigation." These orders ensure the child's needs are met during the often lengthy divorce process.  

How is Pendente Lite Child Support Determined in New York?

New York courts use the Child Support Standards Act (CSSA) to calculate pendente lite support. This formula considers both parents' incomes, the number of children, and which parent is designated as the custodial parent. In some cases, the court may deviate from the CSSA guidelines if there are special circumstances, such as a child's extraordinary medical expenses or a parent's significantly higher income.  

The Importance of Skilled Legal Representation

Securing a fair pendente lite child support order is crucial for protecting your child's well-being during a divorce. Experienced attorneys like those at Veridian Legal can help you present a strong case, gather the necessary documentation, and negotiate with the other party to reach a favorable outcome.  

Documents Required for a Pendente Lite Support Motion

To file for pendente lite support, you'll need to provide the court with detailed financial information. This typically includes a statement of net worth, recent tax returns, pay stubs, bank statements, and any other relevant documents that demonstrate your income and expenses.

Can a Pendente Lite Child Support Order be Overturned?

Once a judge issues a pendente lite support order, it can be challenging to overturn. Courts generally prefer to resolve any perceived inequities through a speedy trial where both parties' financial circumstances can be fully explored. However, modification may be possible in limited circumstances, such as a significant change in a parent's income or a change in custody.

Imputing Income for Pendente Lite Support

If a parent is voluntarily unemployed or underemployed, the court may impute income based on their past employment history, earning capacity, or potential earning capacity. This ensures that the child receives adequate support even if a parent is not working to their full potential.  

Attorney Fees and Pendente Lite Support

You can request that the court order the other parent to contribute to your attorney's fees as part of the pendente lite motion. The court will consider the financial circumstances of both parties when determining whether to award attorney fees.

Factors Influencing Pendente Lite Support Decisions:

While the Child Support Standards Act (CSSA) provides a formula for calculating child support, judges have some discretion in pendente lite cases to consider other factors that may impact a child's needs. These factors can include:

• A child's special needs: If a child has extraordinary medical expenses, educational needs, or requires specialized care, the court may order a higher support amount to ensure those needs are met.

• A history of domestic violence: If there's evidence of domestic violence or abuse, the court may consider this when determining support, as it can impact the child's safety and well-being.

• Each parent's contributions to childcare: The court may consider the extent to which each parent contributes to childcare responsibilities, such as providing transportation, attending school events, or taking the child to medical appointments. This can influence the support amount, as a parent who takes on more childcare duties may have reduced earning capacity.

• Other factors: The court may also consider factors such as the standard of living the child would have enjoyed if the marriage had not ended, the child's educational needs, and the financial resources of each parent.

The Role of the Statement of Net Worth:

The Statement of Net Worth is a crucial document in pendente lite support cases. It provides a snapshot of each parent's financial situation, including their assets, liabilities, income, and expenses. The information in the Statement of Net Worth helps the court determine each parent's ability to pay support and the appropriate amount of support to order.

Tips for Completing the Statement of Net Worth:

• Be thorough and accurate. Include all income sources, assets, and liabilities.

• Provide supporting documentation, such as tax returns, pay stubs, and bank statements.

• If you have questions or need assistance, consult with an experienced attorney.

Pendente Lite Support for College Expenses:

In some cases, pendente lite orders can include contributions towards college expenses for older children. The court will consider factors such as the child's academic ability, the parents' financial resources, and whether the child is likely to attend college.

Enforcing a Pendente Lite Support Order:

If a parent fails to pay pendente lite support, the other parent can take steps to enforce the order. This can include wage garnishment, intercepting tax refunds, or even holding the non-paying parent in contempt of court.

Comparing Pendente Lite Support to Permanent Support:

Pendente lite support is temporary and designed to provide immediate assistance while the divorce is pending. The final child support order issued in the divorce judgment will likely be different, as it will be based on a more thorough review of the parents' financial circumstances and the child's needs. The pendente lite order may be adjusted or modified when the final order is established.

Pendente Lite Child Support FAQ:

• How quickly can I get a pendente lite support order? The timeline varies depending on the court's schedule and the complexity of your case. However, we strive to obtain temporary orders as quickly as possible to ensure your child's needs are met.

• What if my income fluctuates? If your income varies, it's important to provide the court with documentation of your income history, such as tax returns and pay stubs from the past few years. The court will consider your overall earning capacity when determining support.

• Can I get pendente lite support if I'm the non-custodial parent? While less common, it's possible to receive pendente lite support as a non-custodial parent if you can demonstrate financial need and the other parent has the ability to pay.

• What if the other parent is self-employed? If the other parent is self-employed, it's important to gather as much documentation as possible about their income and expenses, such as business records, tax returns, and bank statements.

• How long does a pendente lite order last? A pendente lite order remains in effect until a final child support order is issued as part of the divorce judgment.

Contact Veridian Legal for Assistance with Pendente Lite Support

If you are facing a divorce and need assistance securing temporary child support, contact Veridian Legal today. Our experienced attorneys can guide you through the process, protect your rights, and advocate for your child's best interests.