Latest / BSPE Legal Marketing Podcast / What Is Pendente Lite? - Richard Roman Shum

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What Is Pendente Lite? - Richard Roman Shum · BSPE Legal Marketing Podcast

• 0:00
  SPEAKER_00: What is pendente light?
• 0:01
  SPEAKER_00: When a divorce begins, months or even years can pass before a final decree is issued, leaving spouses and children in financial limbo.
• 0:09
  SPEAKER_00: Pendentalite, a Latin phrase meaning pending the litigation, refers to temporary court orders issued during a divorce to address urgent matters right away.
• 0:18
  SPEAKER_00: These orders can cover spousal support, child custody, living arrangements, and asset preservation, while the case makes its way through the courts.
• 0:26
  SPEAKER_00: New York courts have the authority to issue these orders under the New York Domestic Relations Law, which empowers judges to prevent financial harm during divorce proceedings.
• 0:34
  SPEAKER_00: Without pendenti light relief, a lower-earning spouse might be unable to afford rent, utilities, or basic necessities while waiting for the final settlement.
• 0:44
  SPEAKER_00: Temporary spousal maintenance in New York is calculated using a guideline formula under Domestic Relations Law Section 236B, driven primarily by both parties' incomes.
• 0:55
  SPEAKER_00: The formula applies to the first$228,000 of the paying spouse's income, though courts retain discretion to award additional support on income above that threshold.
• 1:06
  SPEAKER_00: Child support follows the Child Support Standards Act, allocating percentages of combined parental income based on the number of children in the household.
• 1:15
  SPEAKER_00: Temporary custody orders establish where children will live and how parenting time is divided, always guided by the children's best interests and stability.
• 1:23
  SPEAKER_00: Courts may also grant exclusive use of the marital home to one spouse when living together is no longer safe or practical during the divorce process.
• 1:31
  SPEAKER_00: Asset preservation orders freeze marital property to prevent either spouse from selling, transferring, or hiding assets before the final division is determined.
• 1:40
  SPEAKER_00: To seek pendant elite relief in New York, the moving party must file a motion in the Supreme Court with a notice of motion, an affidavit in support, and a sworn statement of net worth.
• 1:50
  SPEAKER_00: New York uniform rules require complete financial transparency, including tax returns, pay stubs, bank statements, and a monthly expense summary.
• 1:59
  SPEAKER_00: And incomplete records can delay or weaken the motion.
• 2:02
  SPEAKER_00: A skilled lawyer can help you present compelling documentation and argue effectively for temporary arrangements that protect your financial stability throughout the process.
• 2:11
  SPEAKER_00: It is also important to understand that pendentate light orders set precedents that can influence the final divorce settlement, making early strategy critical.
• 2:20
  SPEAKER_00: Once a final divorce decree is entered, these temporary orders automatically expire, but modifications are possible beforehand if your circumstances change significantly.
• 2:30
  SPEAKER_00: The distinction between family court spousal support and Supreme Court pendant light maintenance matters greatly as the two forums operate under different statutes and timelines.
• 2:40
  SPEAKER_00: Having an experienced attorney by your side ensures that your immediate needs and long-term outcome are both protected from the very start of proceedings.
• 2:48
  SPEAKER_00: Contact the law office of Richard Roman Schum, Esquire, located at 20 Clinton Street, FRNT, New York, New York, 10002, United States, by calling 646 259 3416 to schedule your consultation and get the temporary relief your law firm case deserves.