Fam. Law Ch 10
Card Set Information
Fam. Law Ch 10
Family Law Chapter Ten
What are pendent lite motions?
Temp. orders issued by the court that parties comply with until the final decree.
Indiana Pendent Lite Motions?
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.