Edward R. Weinstein, Esq.Edward R. Weinstein, Esq.

Pendente Lite Child Support Guidelines in Monmouth County

If you are a parent, you know that raising a child can be extremely difficult personally, emotionally, and financially. Additionally, if you are a parent in the beginning stages of a divorce or a separation, or even a parent who is raising a child or children alone, you know that it can be even more difficult to provide you child the type of life they deserve if you do not have help and support from the other parent.

In fact, many parents first question in any type of divorce or separation situation is how are they going to afford to provide for their child. This can be even more concerning to parents who are in the process of filing for divorce, as the overworked court system may take months to hear a case.

However, this does not mean that a parent and a child need to suffer, a court may enter a temporary form of child support during the pendency of a court case to help a parent provide care and support for their child.

If you have questions or concerns about pendente lite child support guidelines in Monmouth County, contact an experienced and dedicated Monmouth County child support lawyer today.

Different Type of Child Support Orders

Some parents may be surprised to learn that there are different types of child support orders.

In Monmouth County and throughout New Jersey, child support orders may be for a limited amount of time, or they may be permanent, meaning that they exist until there is an event that causes child support to stop such as if the child marries or enters the military service.

However, for parents that are in the beginning process of a divorce or separation, it is important to know that there is a type of child support order, a pendente lite child support order, which may allow them to receive temporary child support while they are waiting for a more formal hearing.

What are Pendente Lite Orders?

According to Black’s Law Dictionary, "Pendente lite" is a Latin term that is most often employed to describe support, which is entered "during litigation."

The type of support is generally ordered as a means of temporary relief to ensure that a child will continue to be properly cared for during the pendency of a court case. The whole purpose of  pendente lite child support guidelines in Monmouth County order is to maintain the status quo.

How are Pendente Lite Orders Different

Unlike a child support order entered at the conclusion of a hearing, most pendente lite orders are entered without a full hearing. The following are some of the main differences between a pendente lite child support order and a regularly entered child support order:

Proofs – In a regular proceeding for child support, the parents will be required to submit a case information statement, and/or financial information. In a pendente lite motion for child support, the court may in some cases waive these requirements and may enter an order based on the parents’ affidavits and their oral testimony.

Length or time – A pendente lite child support order is one that will naturally come to an end, whereas a normally filed order for child support may potentially continue indefinitely, although a recent change to New Jersey’s emancipation statute may change this in certain cases.

Amount – When a court enters a pendente lite child support order, there are no predetermined rules that determine how much a judge can award a child support amount for. In a regularly filed and heard child support order, the judge is required to review parents’ financial information and use the New Jersey Child Support guidelines, while the judge can order that a parent pay more or less than the child support guidelines amount, they must support their finding with a “good cause” reason.

Contact a Child Support Attorney

If you have questions or concerns about child support and pendente lite child support guidelines in Monmouth County or the surrounding areas, contact a Monmouth County child support lawyer today.