Fam. Law Ch 10
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What are pendent lite motions?
- "During litigation"
- Temp. orders issued by the court that parties comply with until the final decree.
Indiana Pendent Lite Motions?
- Temp. Maintenace;
- Temp. Support/Custody;
- Possession of Property;
- A protective order
Anatomy of a Motion?
- Caption - docket #, parties, court, location, title
- Body - party filing, relief requested, and grounds
- Signature or subscription
- Order - sets forth Judge's decision
- Certification - all parties need notice
Enables the requestion spouse to meet his/her financial obligations during the divorce.
- Vital for party who wants permanent custody (Stability!)
- Court still uses best interest standard when determining.
Temp. Child Support
Usually filed with motion for custody.
Motion for Parenting Time
When temp. custody is given; court will determine a parenting time schedule.
Motion for Attorney Fees?
- Court can award reasonable attorney fees; also has the discretion to determine the amount.
- Often waits till the final hearing.
- Meant to provide a spouse access to an attorney.
- Diff. from protective order
- Requesting the court to order a party to refrain from certain actions of behaviors.
Ex Parte Proceedings?
- Exception to the giving notice rule and generally only used in an emergency situation.
- Temp. in nature since the other party hasn't heard.
- Another hearing is usually held within 30 days for the other side.
- Drafting the motions
- Finalization the documents, copying, mailing/delivering the documents
Party does not comply with the court order; opposing party may seek to have the party comply by filing a motion for contempt.
Modification of Pendente Lite?
Must be a substantial change in the parties' circumstances since the original order.
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