Fam. Law Ch 10

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Fam. Law Ch 10
2011-12-11 11:49:02
Family Law

Family Law Chapter Ten
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  1. What are pendent lite motions?
    • "During litigation"
    • Temp. orders issued by the court that parties comply with until the final decree.
  2. Indiana Pendent Lite Motions?
    • Temp. Maintenace;
    • Temp. Support/Custody;
    • Possession of Property;
    • Counseling;
    • A protective order
  3. 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
  4. Temp. Maintenance?
    Enables the requestion spouse to meet his/her financial obligations during the divorce.
  5. Temp. Custody?
    • Vital for party who wants permanent custody (Stability!)
    • Court still uses best interest standard when determining.
  6. Temp. Child Support
    Usually filed with motion for custody.
  7. Motion for Parenting Time
    When temp. custody is given; court will determine a parenting time schedule.
  8. 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.
  9. Restraining Orders
    • Diff. from protective order
    • Requesting the court to order a party to refrain from certain actions of behaviors.
  10. 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.
  11. Paralegals Role?
    • Drafting the motions
    • Finalization the documents, copying, mailing/delivering the documents
    • calendaring
  12. Contempt
    Party does not comply with the court order; opposing party may seek to have the party comply by filing a motion for contempt.
  13. Modification of Pendente Lite?
    Must be a substantial change in the parties' circumstances since the original order.