Child support is often a contentious subject in divorce proceedings and many parents cannot agree on terms. During a divorce, there are two primary options: the parents can reach an agreement about how custody, support, and expenses will be handled, or they can ask a judge to decide. A temporary child support order is often issued before a permanent order can be made.
What is a Temporary Child Support Order?
A divorce can be a drawn-out process that takes months or even years. Despite this, many decisions may be needed quickly from a judge in terms of who will get the children and who will stay in the home. When one spouse needs money right away for the children, a temporary child support order can be issued.
One spouse may request a temporary child support order from the judge, even if a formal divorce action is not yet filed. These requests are put on a fast track through the court with a hearing scheduled within days or weeks.
Spouses have the right to ask a court to issue many types of temporary orders including establishing child custody and visitation, restraining one spouse from making contact, providing child support or alimony, preventing either spouse from selling assets, or giving possession of a car or house to one spouse.
How to Request a Temporary Order
The spouse who needs money to support the children may request a temporary order by filing paperwork with the court. This usually requires submitting:
- Application for order to show cause (OSC) and an Order to Show Cause. An OSC is a simple form that defines what is being requested; in this case, a temporary child support order.
- Supporting declaration. This written statement explains facts to justify the issuance of the temporary order.
- Proposed temporary order granting the relief requested. This order is signed by a judge if the request is granted.
- Proof of service. This proves to the court that documents have been delivered to the other spouse. Paperwork must be served legally to the other spouse for a temporary support order.
- Each parent's income and personal assets
- Expenses for each child
- Which parent has custody
- The number of children
- The ages of the children