Immediate Need 鈥?Either or both spouses have to address the very important considerations of: money for the kids Travis Frederick Jersey , money for the spouse, household bills, and access to the children. These are frequently overlooked and the sooner they are addressed, the sooner the focus can shift to the final resolution of the divorce.
As divorces take time an application can be made to the Court, at virtually any point in the divorce Zack Martin Jersey , for pendente lite relief (relief granted during the divorce proceeding). Frequently this is the first thing your lawyer must do for you. The purpose of a pendente lite Order is to maintain, to the extent possible, the status quo (life as it existed before the divorce was started) and to give order to the lives of the parties while the divorce proceedings continue. Among the things you can request of the Court, pendente lite, is:
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The formula provides that temporary maintenance should be the lesser of:
1) Thirty percent of the higher-earning spouse鈥檚 income, minus 20 percent of the lower-earning spouse鈥檚 income. 2) Forty percent of their combined income, minus the lower-earning spouse鈥檚 income.
This 鈥榠ncome shifting鈥?approach has raised more questions than it has solved as it came with no direction as to how to deal with other pendente lite issues as, prior to the enactment of the new law Demarcus Lawrence Jersey , the Court would seek to maintain the status quo (as with carrying charges, below) but once the income has been redistributed a different approach to the allocation of economic responsibility would appear necessary to avoid an inequitable result. This may result in the non-monied spouse actually ending up with less than they might have under the old law, not a result it would appear the legislature had in mind. Time and court decisions will unravel this newly created uncertainty.
A commission has been set up to determine standards for spousal support after a divorce action but they have a long time before they have to issue a recommendation.
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