Pendente lite means pending litigation. In the context of spousal support, the court might make a pendente lite award of support. That means the support award will stay in effect while the case is pending and at the final hearing the court will make a determination as to what happens with support permanently.
To determine the specific pendente lite spousal support guidelines in your particular case, contact a Virginia alimony lawyer as soon as possible.
Purpose of Pendente Lite
Temporary support or pendente lite support in Virginia is awarded for purposes of giving the parties a quick fix, like a financial band-aid, about making a determination about permanent support. It can be useful for a court to look at the financial situation of the recipient spouse when temporary support was awarded. If that particular spouse was able to pay their bills and in addition to that set aside money, that would be an indicator to the court that that person was probably receiving support that was a little more than they needed. The court will follow this particular guideline when determining pendente lite spousal support in Virginia.
Similarly, if that person was continuing to incur reasonable expenses, not extravagant expenses, and continuing to accrue debt while receiving temporary spousal support, it could be an indicator that the temporary support award was insufficient.
Determining the amount of pendente lite spousal support that an individual will receive in Virginia will depend on whether the parties of the case have minor children together. If parties do not have minor children together, they are going to take 30% of the gross income of the higher earning spouse and subtract from that 50% of the earnings of the lower earning spouse. If there are minor children that the parties have together, the percentages change to 28% and 58%.
A presumptive amount of child support is an entirely different type of calculation, while it does start in the same way: with the gross earnings of the respective parties. Child support will also factor in whether or not there are other minor children that either party has outside of the relationship. It will factor in any kind of child care cost related to work, and will factor in the cost of health insurance. This calculation can be a bit different.
Role of Child Support
If there are minor children of the parties, the calculation of pendente lite support will be a little bit different. Additionally, when there is spousal support payable in a case, that will come into play in calculating child support.
For example, if a husband and a wife have children together and the husband is paying spousal support, the spousal support will be deducted from their gross income and added to the gross income of the wife for purposes of calculating child support. This guideline is standard of determining pendente lite support in Virginia.
Payments are prolonged when the court makes the final determination of spousal support, considering the guidelines set forth by the Virginia legislature in the Virginia code when determining pendente lite spousal support. Those determinations about the financial need of the requesting spouse and the financial obligation of the payor spouse can result in a very similar spousal support amount to what was awarded under pendente lite support, but it is not a requirement.