Pendente Lite Alimony in New Jersey

Pendente Lite Alimony in New Jersey

Pendente lite alimony in New Jersey refers to support given by one spouse to another during the course of the litigation during that finite period of time.Pendente lite is Latin for pending the litigation. If you are getting a divorce and want to know more about pendente lite alimony, consult an experienced alimony attorney that can help you.

Role of Pendente Lite in Alimony Agreements

If pendente lite support was issued in a case, during that finite period when the case begins until the case ends, there is a probability that there is going to be ongoing support after the case ends, because pendente lite support in New Jersey either means that the judge found that support was applicable or there was consent by the parties that support during this finite period was appropriate.

Why New Jersey Does Not Use a State-Wide Formula to Determine Pendente Lite Alimony

There are no local guidelines for creating pendente lite alimony in New Jersey. The reasoning behind not using a state-wide formula is because the expenses that individuals incur to maintain the lifestyle that they had during the marriage vary based on the couple. A high-income or a low-income family or a married couple, and their expenses would vary greatly just due to the fact that they have less expenses or more expenses. A state-wide formula would not be applicable or appropriate because of the variation between what individuals pay.

Difference Between Pendente Lite Guidelines and Child Support Guidelines

The Child Support Guidelines are specific outlines. The appendix defines what should be included in the child support guideline. As an example, child support covers the fixed variable and the controlled cost of a child, which they break it down by a percentage. It is an algorithm created with expertly researched documents and guidelines, based on theories of what average families typically spend on children and the fixed costs associated with child raising.

The guidelines assume that the relative spending on children consists of three broad consumption categories, e.g., fixed expenses, variable expenses and controlled expenses. Therefore, they allocate 38% for fixed expenses, 37% for variable expenses and 25% for controlled expenses. Fixed costs are incurred even when the child is not living with the parent, like housing-related expenses, the dwelling cost, utilities, household furnishing and household care items.

Variable Costs in Child Support Cases

Variable costs are incurred only when the child is with the parent and will follow the child. These costs include transportation and food (if a child is with one individual more, they are going to be spending more money on food to feed that extra mouth). In terms of controlled cost, that is what the primary caretaker would have direct control of, which consist of clothing, personal care, entertainment and miscellaneous expenses.

When the guidelines were implemented, they did an extensive amount of research in terms of the economics of what is usually spent on a child (based on the average income for the average spending on children).

Alimony is different. There are different types of alimony: the rehabilitative alimony, the reimbursement alimony, open durational alimony and limited durational alimony. These are all necessary in different situations to cover different expenses and is not as clear-cut as it would be with child support.

When are Pendente Lite Alimony Guidelines Prolonged or Made Permanent?

Pendente Lite Alimony Guidelines are only in force when the litigation is pending. However, if the court or the parties believe that the amount provided during the pendente lite period was appropriate, it can be continued for a duration to be defined by the parties.

What this means, is that the parties can agree that their marriage of ten years should have seven years of alimony or should have ten years of alimony and can be prolonged if the litigation is prolonged. The same amount can be agreed to as alimony for a duration or can be open durational alimony if the parties find that the amount is appropriate. If you want to know more about pendente lite alimony in New Jersey, consult a knowledgeable alimony attorney today.


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