Of Counsel, Z Family Law, LLC Rockville, Maryland Family Law Attorney Serving MontgomeryCounty and FrederickCounty
ALIMONY PENDENTE LITE (Temporary Alimony)
John Weaver is sensitive to the serious financial stress and difficulty that accompanies the break up of a marriage. Mr. Weaver brings his unique background as one who presided over hundreds of temporary alimony cases as a Family Division Magistrate in the Montgomery County Circuit Court. He will present your situation to the court efficiently and effectively by focusing on the evidence the Judge or Magistrate must have to make a just decision. Mr. Weaver is attuned to the critical importance of the current Financial Statement (Long Form) setting forth income, expenses, assets, and liabilities that both parties must file under oath in an alimony proceeding.
During the pendency of a divorce or alimony case, the court may hold a pendente lite hearing to consider awarding temporary alimony or spousal support to a needy spouse. The court may make the alimony payment retroactive to the time the original request was filed in the court. The main considerations are the reasonable needs of the spouse requesting pendente lite alimony, balanced against the financial ability of the other spouse to provide financial support. An award of alimony pendente lite is a monetary payment pending the outcome of litigation which has been instituted but which has not been concluded. The purpose of a pendente lite alimony award is "to maintain the status quo of the parties so the wife [or husband] would not suffer financial hardship" pending final resolution of the divorce proceedings. A primary objective is to provide "for food, clothes, habitation and other necessities" where the requesting party does not have the ability to provide for him or herself. However, the spouses' standard of living or lavish lifestyle is a consideration in determining the "status quo" and prevention of "financial hardship."
The hearing date for pendente lite hearings are usually set at Scheduling Hearings and the pendente lite issues (e.g., alimony, child support, visitation/access, attorneys fees, suit money) are usually heard at a pendente lite hearing before a Family Division Master.
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John S. Weaver, Of Counsel
Z Family Law, LLC 51 Monroe Street, Suite 1501, Rockville, MD 20850