New York State, Orange County
- wife filed for divorce
- RJI filed in early February along with a motion for Order to Show Cause for Pendente Lite Relief (temporary financial support during the Divorce proceeding) order to start paying Child alleging inability to continue living at home though we do still live together, vacationed together with kids a full week for spring break, drove across country in same car, stayed in same hotel room (separate beds with kids), slept in same room at relatives homes (separate beds)
- in fact we have been on 3 separate vacations in the same condition with the kids,
- coached son's basketball season together
- she just signed us up both together again to coach son's baseball team
- we go to church and dine at restuarants together with the kids
- sit in family room together with kids watching games or tv.
- did not serve me for nearly 90 days.So 90+ days after filing her Divorce Summons and Complaint (but never serving me),
She served me with a Judge signed Order to Show Cause for Pendente Lite Relief (temporary order
to start paying Child-support, spousal maintenance
, her attorney fees so she could go ahead and move out and afford an apartment outside our huge home (2 separate homes - totally separate entry and exit access - under 1 roof - totally separately lockable).Along with the Order to Show Cause for Pendente Lite Relief a copy of her heretofore 90 day UNSERVED original mid-December Divorce Summons and Complaint was included.I am in the process of trying to retain an Attorney now.QUESTION:
1) Should an Order to Show Cause for support based on an UNSERVED Complaint and Summons have been granted ordered by the Judge? It that the RJI should have been declined or void without 1st performing Service on the Complaint and Summons the plaintiff isRequesting Judicial Intervention for. In other words it seems the Court should have found that there is NOTHING or no cause to Intervene for or in since Service had not been attempted.
If no RJI would be proper then no Order to Show Cause for an as yet unServed cause would be proper.2) Is it not possible to make and win a law supported argument that, based on our well document pattern of living, worshiping and vacationing together, etc, there is no need demonstrated need for or justification for an Order to Show cause for the Pendente Lite Relief to get her own apartment and indeed no necessity to incur and forcibly burden me (the defendant) and our family with unnecessary financial costs of the spouse moving out and renting a separate home with all the same utilities , etc?