Pendente lite orders, even orders for child support, may be retroactively adjusted after trial. See Mallamo v. Mallamo, 280 N.J. Super. 8, 12-17 (App. Div. 1995); see also Tannen v. Tannen, 416 N.J. Super. 248, 284 (App. Div. 2010) (where we remanded and specifically permitted the trial court to consider whether retroactive modifications of alimony and child support were necessary after deciding other financial issues), certif. granted, 205 N.J. 80 (2011).

NOTE: My legal and mediation services are offered to clients in Union, Middlesex, Somerset, Essex, Hudson, Bergen, and Morris counties in NJ.

Pendente lite orders, even orders for child support, may be retroactively adjusted after trial originally appeared on NJ Family Issues on May 3, 2011.

“Pendente lite support orders are subject to modification prior to entry of final judgment . . . .” Mallamo v. Mallamo, 280 N.J. Super. 8, 12 (App. Div. 1995).

NOTE: This Blog/Blawg, NJ Family Issues, is managed by Paul G. Kostro, Esq., an attorney/lawyer/mediator in Linden, Union County, New Jersey.

Pendente lite support orders are subject to modification prior to entry of final judgment originally appeared on NJ Family Issues on August 31, 2010.

A decision to correct a flawed pendente lite order is left to the sound discretion of the trial judge in light of the equities. Jacobitti v. Jacobitti, 263 N.J. Super. 608, 618 (App. Div. 1993), aff’d, 135 N.J. 571 (1994). Like any other exercise of judicial discretion, retroactive modification must be based on an application of relevant legal principles to facts supported by the record.

The starting point for the inquiry on a motion for this relief is whether there is a deviation sufficiently significant to warrant a modification. The analysis should begin with a comparison between support awarded at the end of trial and support ordered prior to that date, disregarding, of course, differences explained by the parties’ post-judgment access to marital assets that were not available during the pendente lite period.

See related Blog Post, published in the New Jersey Family Law blog.

NOTE: My legal and mediation services are offered to clients in Union, Middlesex, Somerset, Essex, Hudson, Bergen, and Morris counties in NJ.

Pendente lite order modification or correction originally appeared on NJ Family Issues on July 30, 2010.

“Provisions of a pendente lite order do not survive the entry of a judgment of divorce unless expressly preserved in it or reduced to judgment prior to entry of final judgment.” Mallamo v. Mallamo, 280 N.J. Super. 8, 12 (App. Div. 1995).

NOTE: My legal and mediation services are offered to Polish-speaking and other clients in Fanwood 07023; Garwood 07027; Kenilworth 07033; Mountainside 07092; New Providence 07974; Roselle Park 07204; Roselle 07203; Elizabeth 07201; Linden 07036; Plainfield 07060; Rahway 07065; Summit 07901; Westfield 07090; Berkeley Heights 07922; Clark 07066; Cranford 07016; Hillside 07205; Scotch Plains 07076; Springfield 07081; Union 07083; Winfield; Carteret 07008; Dunellen 08812; East Brunswick 08816; Edison 08817; Jamesburg 08831; Metuchen 08840; New Brunswick 08901; Old Bridge 08857; Perth Amboy 08861; Sayreville 08871; South Amboy 08878; South River 08877; Avenel 07001; Colonia 07067; Iselin 08830; Woodbridge 07095; Somerset 08873; Somerville 08876 and Watchung 07069, New Jersey.

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Provisions of a pendente lite order do not survive the entry of a judgment of divorce unless expressly preserved in it or reduced to judgment prior to entry of final judgment originally appeared on NJ Family Issues on February 25, 2010.

Retroactive modification of pendente lite support is a discretionary determination “not . . . appropriate in every case.” Jacobitti v. Jacobitti, 263 N.J. Super. 608, 618 (App. Div. 1993), aff’d, 135 N.J. 571 (1994).

NOTE: My legal and mediation services are offered to Polish-speaking and other clients in Fanwood 07023; Garwood 07027; Kenilworth 07033; Mountainside 07092; New Providence 07974; Roselle Park 07204; Roselle 07203; Elizabeth 07201; Linden 07036; Plainfield 07060; Rahway 07065; Summit 07901; Westfield 07090; Berkeley Heights 07922; Clark 07066; Cranford 07016; Hillside 07205; Scotch Plains 07076; Springfield 07081; Union 07083; Winfield; Carteret 07008; Dunellen 08812; East Brunswick 08816; Edison 08817; Jamesburg 08831; Metuchen 08840; New Brunswick 08901; Old Bridge 08857; Perth Amboy 08861; Sayreville 08871; South Amboy 08878; South River 08877; Avenel 07001; Colonia 07067; Iselin 08830; Woodbridge 07095; Somerset 08873; Somerville 08876 and Watchung 07069, New Jersey.

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Retroactive modification of pendente lite support is discretionary originally appeared on NJ Family Issues on January 1, 2010.

1. “Pendente Lite” means “pending the litigation.” Pendente Lite relief, including support (for the spouse [i.e., alimony] and for the children) can be ordered by the Court (or agreed on by the parties) during the course of the divorce litigation. To obtain an Court Order for Pendente Lite relief, an appropriate Motion needs to be filed with the Court — the applicable Court Rules are:
   • Rule 5:5-4, which regulates the process of filing Motions in Family Actions
   • Rule 5:5-2, which addresses Case Information Statements
   • Rule 5:6A, which addresses child support
   • Rule 5:3-5, which addresses attorney fees
   • Rule 5:3-7, which addresses the remedies available for Violation of Order for Parenting Time, Alimony or Support
   • Rule 5:6B, which addresses Cost of Living Adjustments for Child Support Orders
2. The issues typically addressed in Pendente Lite Motions(*) are:
   • Temporary Custody
   • Parenting Time
   • Child Support
   • Restraints on Dissipation of Assets
   • Spousal Support
   • Payment of Household Expenses (maintaining the “status quo”)
   • Payment for Insurance – life; medical; automobile; homeowners; etc.
   • Use and possession of marital home and automobile
   • Appointment of Experts
   • Counsel Fees (both as to the preparation for the Motion and on a Pendente Lite basis)

   (*) Source: How To Prepare Pendente Lite Motions, 2005 Seminar Material, published by the New Jersey Institute for Continuing Legal Education [S1611.05]

NOTE: This Blog/Blawg, NJ Family Issues, is managed by Paul G. Kostro, Esq., an attorney/lawyer/mediator in Linden, Union County, New Jersey.

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Pendente Lite originally appeared on NJ Family Issues on December 1, 2009.

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“Alimony and equitable distribution are separate yet interrelated and ultimately subject to an overriding sense of fairness.” Steneken v. Steneken, 183 N.J. 290, 299 (2005); see also Claffey v. Claffey, 360 N.J. Super. 240, 263 (App. Div. 2003).

N.J.S.A. 2A:34-23 governs alimony awards, stating in part that “after judgment of divorce . . . the court may make such order as to the alimony or maintenance of the parties . . . as the circumstances of the parties and the nature of the case shall render fit, reasonable and just.” The overriding purpose of the statute is to give trial courts broad discretion to fashion remedies on a case-by-case basis that achieve justice and fulfill the litigants’ needs, including pendente lite relief. Randazzo v. Randazzo, 184 N.J. 101, 111-12 (2005).

The purpose of pendente lite support is to preserve the status quo, maintaining the parties in the positions they were in prior to the litigation. Mallamo v. Mallamo, 280 N.J. Super. 8, 11-12 (App. Div. 1995); Rose v. Csapo, 359 N.J. Super. 53, 58 (Ch. Div. 2002). “Maintenance of the status quo involves payment of the marital bills and expenses necessary to maintain the dependent spouse at the standard of living enjoyed during the course of the marriage.” Rose, supra, 359 N.J. Super. at 60.

The reexamination of the pendente lite child support award after a full trial, even in the absence of a motion for modification, is not prohibited by N.J.S.A. 2A:17-56.23a. Mallamo, supra, 280 N.J. Super. at 16-17.

There is no statutory prohibition against the retroactive modification of pendente lite spousal support. Such awards are typically decided without a plenary hearing and are subject to modification both during litigation and at the time final judgment is entered. Mallamo, supra, 280 N.J. Super. at 12. Revisiting the adequacy of pendente lite spousal support is particularly appropriate following a trial.

A trial judge, who hears all of the testimony at trial, is in a much better position to determine the parties’ financial needs during the pendency of the action than a motion judge who rules upon a pendente lite support application. The trial judge, who is equipped with all the evidence produced at trial, should be permitted to correct an obviously unjust pretrial support award, reimbursing the party entitled to increased support from what could otherwise be insurmountable debt, and perhaps destitution.
[Jacobitti v. Jacobitti, 263 N.J. Super. 608, 617 (App. Div. 1993), aff'd, 135 N.J. 571 (1994).]

In the absence of a statutory prohibition, the scope of the trial court’s discretion to make an award is limited only by the requirement that the order be “fit, reasonable and just.” N.J.S.A. 2A:34-23.

[See related Blog Post, published by Fox Rothschild LLP]

NOTE: My Law Office is located at 726 West Saint Georges [W. St. Georges] Avenue (Route 27), Linden, NJ.

The purpose of pendente lite support is to preserve the status quo originally appeared on NJ Family Issues on July 9, 2009.

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Orders for pendente lite relief are designed to maintain the status quo pending full investigation of the matter and trial, and may be retroactively modified, if appropriate, thereafter. Mallamo v. Mallamo, 280 N.J. Super. 8, 11-13 (App. Div. 1995). See also Innes v. Innes, 117 N.J. 496, 504 (1990) (alimony modification within the court’s discretion).

Pendente lite orders are designed to maintain the status quo originally appeared on NJ Family Issues on December 12, 2008.

Pendente lite claims are nullified upon entry of the FJOD, unless specifically reserved in the final judgment. See Wilson v. Wilson, 99 N.J. Super. 427, 429, (Ch. Div. 1968); see also Mallamo v. Mallamo, 280 N.J. Super. 8, 12 (App. Div. 1995).

NOTE: My legal and mediation services are offered to clients in Kenilworth 07033; Mountainside 07092; New Providence 07974; Roselle Park 07204; Roselle 07203; Elizabeth 07201; Linden 07036; Plainfield 07060; Rahway 07065; Summit 07901; Westfield 07090; Jamesburg 08831; Metuchen 08840; New Brunswick 08901; Old Bridge 08857; Perth Amboy 08861; Sayreville 08871; South Amboy 08878; South River 08877; Avenel 07001; Colonia 07067, New Jersey.

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Pendente lite claims are nullified upon entry of the Final Judgment Of Divorce, unless specifically reserved in the final judgment originally appeared on NJ Family Issues on January 26, 2007.

Pendente lite support is an “award of periodic support that the dependent spouse may obtain during the pendency of litigation for divorce.” 1 New Jersey Family Law § 11-4 (2004); see Monica v. Monica, 25 N.J. Super. 274, 277 (App. Div. 1953); Rose v. Csapo, 359 N.J. Super. 53 (Ch. Div. 2002). Pendente lite support orders generally “do not survive the entry of a judgment of divorce unless expressly preserved in it or reduced to judgment prior to entry of final judgment.” Mallamo v. Mallamo, 280 N.J. Super. 8, 12 (App. Div. 1995).

NOTE: My legal and mediation services are offered to clients in Garwood 07027; Kenilworth 07033; Mountainside 07092; New Providence 07974; Roselle Park 07204; Roselle 07203; Elizabeth 07201; Linden 07036; Plainfield 07060; Rahway 07065; Summit 07901; Westfield 07090; Berkeley Heights 07922; Clark 07066; Cranford 07016; Hillside 07205; Scotch Plains 07076; Springfield 07081; Union 07083; Winfield; Carteret 07008; Old Bridge 08857; Perth Amboy 08861; Sayreville 08871; South Amboy 08878; South River 08877; Avenel 07001; Colonia 07067; Iselin 08830; Woodbridge 07095, New Jersey.

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Pendente lite support orders generally do not survive the entry of a judgment of divorce unless expressly preserved in it or reduced to judgment prior to entry of final judgment originally appeared on NJ Family Issues on October 24, 2006.