Legal Petition for Maintenance

LEGAL PETITION FOR MAINTENANCE

Petitioner Name: , Petitioner Address:

Respondent Name: , Respondent Address:

Court / County of Filing: , Case Number: , Filing Date:

RECITALS

WHEREAS, Petitioner and Respondent were lawfully married on and separated on ;

WHEREAS, Petitioner lacks sufficient property and income for reasonable living expenses and requests maintenance as provided by statute to meet basic needs, and Respondent has the ability to provide support given current income or assets;

WHEREAS, immediate relief is necessary to prevent undue hardship to Petitioner pending final adjudication of marital rights, obligations and property distribution;

NOW, THEREFORE

Petitioner alleges and prays to the Court as follows:

1. JURISDICTION

The Court has jurisdiction over this action pursuant to applicable family law statutes because the parties were married within this State or are otherwise subject to personal jurisdiction. Venue is proper in this County because .

2. PARTIES

Petitioner is an individual residing at the address set forth above and is financially dependent or partially dependent on Respondent. Respondent is an individual who resides at the address set forth above and is capable of providing maintenance.

3. STATEMENT OF FACTS

Number of minor children or dependents of the parties: . Names and ages:

Petitioner’s monthly gross income: ; Monthly necessary expenses: .

Respondent’s monthly gross income: ; Known assets or income sources:

4. CLAIM FOR RELIEF — MAINTENANCE

Petitioner requests the Court to enter an order for maintenance as follows:

a) Type of maintenance requested: Temporary (pendente lite) Rehabilitative Permanent

b) Amount requested: $ per month, payable in advance on the day of each month, until further order of the Court or for a period of .

c) Calculation basis: Petitioner proposes maintenance based on the disparity between parties’ incomes, the standard of living during the marriage, childcare obligations and reasonable rehabilitation needs. Petitioner submits that a calculation that factors Respondent’s gross monthly income and Petitioner’s reasonable needs results in the proposed amount.

5. SECURITY AND ENFORCEMENT

Petitioner requests that the Court provide for enforcement provisions including, but not limited to, wage withholding, imposition of a lien on Respondent’s non-exempt assets, and contempt proceedings for willful noncompliance. Petitioner further requests that the Court retain jurisdiction to modify or enforce any maintenance order.

6. ATTORNEY’S FEES AND COSTS

Petitioner requests that the Court award reasonable attorney’s fees and costs incurred in bringing and prosecuting this petition to the extent permitted by law, including fees for accrual and enforcement of any maintenance order.

7. NOTICE

8. REQUEST FOR TEMPORARY RELIEF

Pending final hearing, Petitioner requests immediate issuance of temporary maintenance, an order for interim support of expenses listed in Petitioner’s financial affidavit, and that the Court set an expedited hearing on temporary relief.

9. VERIFICATION

I, the undersigned Petitioner, declare under penalty of perjury under the laws of this State that the foregoing is true and correct to the best of my knowledge, information and belief.

GENERAL PROVISIONS

Governing Law: This Petition shall be governed by and construed in accordance with the laws of the State in which this action is filed. The Court shall apply applicable statutes and precedent in determining entitlement to and the amount of maintenance.

Entire Agreement: This Petition, together with any exhibits and financial affidavits filed contemporaneously, constitutes the entire statement of Petitioner’s request for maintenance and supersedes any prior oral statements or representations related to the relief sought herein.

Severability: If any provision of this Petition is held invalid or unenforceable, the remaining provisions shall remain in full force and effect and the invalid portion shall be construed in a manner that effectuates the parties’ intent to the fullest extent permitted by law.

Amendments and Waiver: Petitioner reserves the right to amend or supplement this Petition as additional facts become known or circumstances change. No waiver of any provision shall be effective unless in writing and signed by Petitioner.

PRAYER FOR RELIEF

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