The initial pendente lite
Motion for Support can be the most crucial part of a divorce case. The flavor that
a Judge gets from reading the initial motion papers sometimes las throughout the
whole case, and can effect the outcome, either by way of settlement discussions or
trial.
Every practitioner knows that the pendente lite
Order that is entered may last, in some counties, as much as a year or more, until
such time as the case is either settled or tried. It is extremely difficult to modify
the terms of the pendente lite
Order once it is entered, and thus it is extremely important for you to prepare the
papers properly when presenting the initial support motion. The following comments
have worked successfully for me.
I. Don't make the client wait
:
A. Watch Motion dates so you don't lose two weeks because of one day.
II. Don't make the Judge guess
:
A. Set the stage for the Judge as to the family unit, the lifestyle of the parties
and whether or not this is a "big case" or "not such a big case".
Length of marriage, age of the parties, age of the children.
Type of house, size, cost, who is living there, if husband left, why did he leave,
and if he is there, how much he is eating.
Wife's needs
(a) attach a Case Information Statement
(b) Explain unusual expenses, i.e., high telephone, prescriptions, repair items
(c) Describe source of Case Information Statement information
(d) Do not leave asset values "unknown". Estimate values as best as you can.
A. Suggest the specific pendente lite
payments to be made by husband directly to the mortgage company, utilities, etc
B. Suggest amount needed by wife if those payments are made
C. Detail child support guidelines in Certification where they apply
D. Explain how much income husband needs to earn to support budget on Case Information
Statement
IV. Don't Make the Judge work
:
A. Spell everything out simply and easily
B. In the papers, treat him like he just fell off a turnip truck, even if he won't
let you do that on oral argument. When he's alone, so one knows what he does
C. Highlight important information on exhibits
D. Use exhibit tabs
E. Use only exhibits that are necessary
V. Don't let the Judge forget you
:
A. Affidavit of Services: use Rule 4:42-9 (a)1
to obtain future legal fees as well as recoup fees thus far
B. Detail monies received and from where it came
HOT TIP: DON'T RUSH OR UNDERESTIMATE A PENDENTE LITE
MOTION.