GETTING CHILD SUPPORT WHILE MY DIVORCE IS PENDING
Often, once a divorce is initiated, a need for support arises for the custodial parent (the one with whom the child or children primarily reside). A common question that clients in this situation ask is “Can I get child support while my divorce is pending?” The answer is yes, and there are a few ways for child support to be ordered while a divorce is pending, through the use of temporary orders. Temporary orders can mandate that temporary child support should be awarded.
What are Temporary Orders?
Temporary Orders are an order issued by a judge, or agreed to by the parties,that takes effect for the duration that a family law case in pending. Often, temporary orders are negotiated, agreed, and signed voluntarily by the parties. Once the order is signed by the parties, it is filed to the court and signed by the judge. If the parties cannot agree on their own, some courts require that the parties attend mediation and attempt to come to an agreement in that way, before being allowed to schedule a temporary orders hearing in front of a judge.
What if we can’t agree?
If the parties are unable to come to an agreement over the terms of the temporary orders, a party may file a petition or motion for temporary orders and there must be a hearing in front of a judge. A temporary orders hearing can feel like a trial, as the hearing usually involves testimony and evidence. Witnesses may be called and cross-examined, and documents, photos, etc. can be introduced into evidence.
Once a court has entered the temporary orders the parties must abide by them for the duration specified in the order. Usually it’s until the final order of the court is entered, but the court has discretion in setting a deadline.