06 Dec 18

Do I Have to Pay Him Child Support If the Divorce is Not Final?

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If you are in the midst of a divorce that is not yet finalized, you may find yourself facing a temporary order for child support. During a divorce process, parents may disagree as to how much should be paid for the care of a child. As such, the judge will take the child’s best interests into account and may issue a temporary child support order. The temporary order ensures a child’s needs are continually met while the divorce proceeds.

How Does the Court Calculate Temporary Child Support?

The court will always consider the best interests of a child when it comes to the calculation of temporary child support. In other words, the needs and interests of the parents are considered secondary in comparison to the needs and interests of the child. Of course, there are certain factors the judge will take into consideration when determining the amount required to fulfill the temporary child support order. Factors considered include:

  • Income and assets belonging to both parents
  • Number of children and age of each child involved
  • Which parent has custody of the child
  • Cost of expenses required for the child’s care, especially when there are any special needs involved

Keep in mind that a temporary child support order focuses on a child’s basic needs, which usually includes:

  • Housing
  • Clothing
  • Food
  • Education
  • Medical

When the time comes for the court to decide on a final child support order, the judge may review additional expenses pertaining to luxury and entertainment.

When Can Your Spouse Request a Temporary Order?

If you choose to move out of the house during divorce proceedings, you can attempt to make arrangements with your spouse on the best way to share expenses related to the support of your child. If you and your spouse are able to come up with an agreement, you can write it up as a temporary agreement. From there, you can focus on the remaining issues surrounding your divorce.

If, however, you and your spouse are unable to agree on child expense related issues, the two of you will need to head to court to resolve the problem. A judge will provide a quick resolution to ensure the needs of the child are continuously met. If your child continues to live with his or her father while you choose to live elsewhere, you will have to pay him child support before the divorce proceeding is finalzed.

What Can Change in the Final Child Support Order?
Keep in mind that your final child support order may have you paying the same or more for your child. There are a few things the judge will take into account when reviewing the temporary order to determine the outcome of the final child support order. For instance, the judge will determine:

Make sure you let the judge know if anything changed between the temporary child support order and the finalization of your divorce. For instance, if you changed jobs, lost or gained income, or the needs of the child changed, you will need to tell the judge. Each parent is in charge of presenting changes so the judge can consider recalculation requests.

The best way to present any changes to your situation will be through documentation. If you lost wages, offer bank statements or check stubs that clearly show the decrease in income. Make sure you do the same if you gain wages. If you move, offer paperwork that clearly states the address for your new residence.

Is an Attorney Necessary for a Temporary Order of Child Support?

Whether you are seeking to obtain a temporary order of child support, or your spouse is seeking one against you, it is best to seek the help of a qualified attorney. A lawyer can assist you in determining if the amount set upon you by the court is a fair amount based on certain conditions. Keep in mind that in some situations, child support cases can turn into a complicated mess.

Fortunately, a knowledgeable attorney can assist you in straightening everything out. An attorney can also explain the entire process to you so you know what to expect. It is always better to know what might happen during the temporary order proceedings so you are not caught off guard. Allow your lawyer to provide you with proper representation to ensure that everything turns out as best as possible for you, your spouse, and your child.

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