Receiving a court document can be unsettling, and a motion for pendente lite support in a New Jersey Family Court matter is no exception. Pendente lite is a Latin term meaning “pending the litigation.” In the context of family law, pendente lite support refers to temporary financial arrangements ordered by the court while a divorce or other family law case is ongoing. These orders are designed to maintain the financial status quo or provide necessary support until a final judgment is entered. If you’ve received such a motion in Passaic County or Bergen County, understanding what it means and how to respond is critical. This article will guide you through the process, focusing on the specifics relevant to these North Jersey counties, and highlight the importance of consulting with a Passaic County Divorce Lawyer, a Bergen County Family Law Attorney, or an experienced NJ Divorce Attorney.

What is Pendente Lite Support and Why is a Motion Filed?

Pendente lite support can encompass various forms of temporary financial relief, most commonly:

• Temporary Alimony (Spousal Support): Financial assistance from one spouse to the other to help cover living expenses during the divorce process.
• Temporary Child Support: Financial support for the children while the divorce or custody case is pending.
• Contribution to Marital Expenses: Orders for one party to continue paying specific household bills, mortgage payments, or other joint expenses.
• Contribution to Legal Fees: Orders for one party to contribute to the other party’s legal costs during the litigation.

A motion for pendente lite support is typically filed early in a divorce or family law case when the parties are living separately, and one party needs financial assistance to cover their expenses and maintain the household or care for the children while the case proceeds. The court recognizes that litigation can take time, and parties need to be able to meet their financial obligations during this interim period.

Receiving a Pendente Lite Motion: Immediate Steps

If you receive a packet from the court or the opposing party’s attorney containing a motion for pendente lite support, your immediate attention is required. Do not put it aside. Open it and carefully review its contents. A typical pendente lite motion packet will include:

1. Notice of Motion: This document formally notifies you of the motion and lists the specific temporary relief being requested (e.g., a specific amount of temporary alimony, child support, payment of certain bills). It will also prominently display the “return date” or “hearing date” – the date the court has scheduled to consider the motion. This date is the most critical piece of information as it governs your response deadline. Note this date immediately.
2. Certification in Support of Motion: This is the sworn statement from the movant explaining the factual basis for their request for temporary support. It will detail their financial needs, income (or lack thereof), and why they believe the requested support is necessary and appropriate.
3. Proposed Form of Order: A draft of the temporary order the movant is asking the judge to sign, outlining the specific financial obligations they seek to impose.
4. Case Information Statement (CIS): This is a mandatory and crucial document in any motion involving financial issues. The movant’s CIS will provide a detailed picture of their income, expenses, assets, and liabilities. You will need to file your own updated CIS in response.
5. Supporting Documents/Exhibits: Copies of documents supporting the movant’s claims, such as recent pay stubs, tax returns, bank statements, budget information, or bills.
6. Certification of Service: This document confirms that the motion packet was properly sent to you, indicating the date and method of service.

The Danger of Ignoring the Motion: Failing to respond to a pendente lite motion by the required deadline can result in the court entering a temporary order granting the relief requested by the other party without considering your financial situation or arguments. This can lead to significant financial obligations being imposed upon you for the duration of the litigation.

Calculate Your Response Deadline: The return date on the Notice of Motion is your guide. Under New Jersey Court Rules, particularly Rule 5:5-4, your opposition to the motion and any cross-motion must be filed with the court and served on the opposing party (or their attorney) within a specific timeframe before the return date. This is typically at least eight days before the return date, but can be longer if service was by mail. It is imperative to calculate this deadline accurately. Consult the court rules or an attorney if you are unsure.

Responding to a Pendente Lite Motion: Your Financial Picture Matters

Your response to a pendente lite motion is your opportunity to present your financial situation and arguments to the court. Your primary responsive documents will be a Certification in Opposition to Motion and, most importantly, your own comprehensive Case Information Statement (CIS).

Certification in Opposition to Motion: This is your sworn statement explaining to the court why the requested temporary support is inappropriate, excessive, or should be denied or modified.

• Caption: Ensure the caption matches the motion, including the county (Passaic or Bergen), party names, and docket number.
• Introduction: State that you are filing this certification in opposition to the pendente lite motion.
• Respond to Allegations: Address the factual claims made in the movant’s certification regarding their needs and your ability to pay. If you dispute their income or expenses, provide your basis for the dispute.
• Present Your Financial Picture: Clearly explain your income, necessary expenses, and financial obligations. Reference your attached CIS.
• State Your Arguments: Explain why the requested support amount is unreasonable based on your financial reality and the circumstances of the case. If you believe a different amount is appropriate, state what you believe that amount should be and why.
• Provide Supporting Evidence: Attach documents supporting your statements, especially regarding your income, expenses, and assets. This is crucial for a pendente lite motion. Include recent pay stubs, tax returns, bank statements, bills, and documentation of significant debts.
• Request for Relief: Conclude by asking the court to deny or modify the requested pendente lite support.
• Sign and Date: Sign and date your certification under penalty of perjury.

Case Information Statement (CIS): This is arguably the most critical document in responding to a pendente lite motion. Your CIS must be complete, accurate, and up-to-date. It provides the judge with the necessary financial information to evaluate the requests for temporary support. Be thorough in listing your income, expenses, assets, and liabilities. Attach all required supporting financial documentation.

Filing and Service: You must file your original responsive documents (Certification in Opposition, CIS, and exhibits) with the Superior Court, Family Division, in the county where your case is venued (Passaic or Bergen) and serve a copy on the opposing party (or their attorney) by your calculated deadline. Service can be done via mail (certified mail recommended) or hand delivery. The New Jersey Judiciary’s Electronic Document Submission (JEDS) system is also available for online filing in most Family Part cases across the state and is a reliable method for ensuring timely filing. Retain proof of filing and service.

Filing a Cross-Motion for Pendente Lite or Related Relief

When responding to a pendente lite motion, you may also need the court to address your own temporary financial needs or other related issues. In this situation, you can file a cross-motion. A cross-motion is your own request for relief filed within the context of the existing motion, allowing the judge to consider all related temporary issues at the same time.

When to File a Cross-Motion: You can file a cross-motion for pendente lite support if you are the party in need of temporary financial assistance. You can also file a cross-motion for other related temporary relief, such as:

• Establishing a temporary parenting time schedule.
• Requesting temporary exclusive occupancy of the marital home.
• Seeking temporary restraints on the dissipation of marital assets.
• Requesting a contribution to your legal fees.

Preparing Your Cross-Motion: The process is similar to preparing the initial motion. You will need:

1. Notice of Cross-Motion: Formally notifies the court and the opposing party of the temporary relief you are seeking. It should clearly state it is a cross-motion and reference the original motion’s return date.
2. Certification in Support of Cross-Motion: Your sworn statement detailing the factual and legal reasons why the court should grant your requested temporary relief. This should explain your financial needs and circumstances if you are seeking pendente lite support.
3. Proposed Form of Order: A draft of the temporary order you want the judge to sign, outlining the specific temporary relief you are seeking.
4. Case Information Statement (CIS): If your cross-motion involves financial issues, you must include your updated CIS.
5. Supporting Documents/Exhibits: Any documents supporting your claims and requested relief.

Filing and Service: Your cross-motion must be filed with the court and served on the opposing party (or their attorney) by the same deadline as your opposition to the original motion.

Pendente Lite in Passaic and Bergen Counties

While the New Jersey Court Rules governing pendente lite motions are statewide, understanding the local court environment in Passaic and Bergen Counties is helpful.

• Passaic County Superior Court, Family Division: Located in Paterson, NJ. All filings and hearings for Passaic County Family Part cases occur here.
• Bergen County Superior Court, Family Division: Located in Hackensack, NJ. All filings and hearings for Bergen County Family Part cases occur here.

Both courts follow the statewide rules regarding motion practice and require complete and accurate financial documentation (CIS and exhibits) for pendente lite applications. Familiarize yourself with the specific court’s location and any local procedural guidelines if you are filing in person. JEDS is available for electronic filing in both counties.

The Indispensable Role of a Family Court Lawyer NJ

Navigating pendente lite motions, especially those involving complex financial situations, can be incredibly challenging. The outcome of a pendente lite motion can significantly impact your financial stability during a stressful period. Seeking legal counsel is highly recommended. An experienced Family Court Lawyer NJ, such as a Passaic County Divorce Lawyer or a Bergen County Family Law Attorney, can:

• Analyze the opposing party’s motion and identify key issues.
• Help you accurately complete your Case Information Statement and gather necessary financial documentation.
• Draft a compelling Certification in Opposition or in Support of your Cross-Motion, presenting your financial picture and arguments effectively.
• Ensure your documents are filed and served correctly and on time, adhering to the strict court deadlines.
• Represent you in court if oral argument is required.
• Advise you on the potential outcomes and implications of the pendente lite order.

Whether you are seeking pendente lite support or opposing a request for it, having knowledgeable legal representation can make a significant difference in protecting your financial interests.

Preparing for a Potential Court Appearance

Depending on the specifics of the motion and whether oral argument is requested or required by the court, you may need to appear in court on the return date in Paterson (Passaic) or Hackensack (Bergen).

• Review Your Documents: Be thoroughly familiar with your Certification, CIS, and all exhibits, as well as the opposing party’s documents.
• Organize Your Financials: Be prepared to discuss your income, expenses, and assets as detailed in your CIS.
• Prepare Your Arguments: If oral argument is scheduled, be ready to concisely present your key points to the judge, focusing on the financial realities and the fairness of the requested temporary support.
• Dress Appropriately: Dress respectfully for court.
• Arrive Early: Allow ample time for travel, parking, and security screening at the courthouse.

Judges often make decisions on pendente lite motions based primarily on the submitted documents (the “papers”), especially the CIS and supporting financial exhibits. However, always be prepared to appear if required.

Conclusion

Receiving a pendente lite support motion in New Jersey, particularly in Passaic or Bergen County, requires immediate and careful attention. Understanding the contents of the motion, accurately calculating your response deadline, and preparing thorough and well-supported responsive documents, especially your Case Information Statement, are essential steps. Whether you are opposing the requested support or filing a cross-motion for your own temporary financial relief, taking timely and informed action is crucial. The financial implications of a pendente lite order can be significant, making the guidance of an experienced NJ Divorce Attorney, a Passaic County Divorce Lawyer, or a Bergen County Family Law Attorney invaluable in navigating this complex process and protecting your interests during the pendency of your case.