What Is a Temporary Order of Child Support? Text Size:

Divorce is not a fast process. However, the need for a parent to obtain child support until the divorce is final may be immediate. A child's expenses don't end simply because the parents' marriage does. If the divorcing parents can't agree on an amount of support, a court can issue a temporary order of child support to the parent responsible for the child's care. A temporary order is in effect until the court enters a permanent support order in the final judgment of divorce.

How Is an Order of Temporary Child Support Determined?

Each state allows a parent to obtain temporary child support during the divorce action. In some states this is known as a pendente lite order of support. State laws vary as to how an award is calculated. However, there are certain factors that are generally considered, including:

• Parents' income and assets
• Number of children and their ages
• Who has custody of the children
• Expenses for the children

A temporary award of child support is meant to cover a child's expenses while the divorce is pending. Expenses include such things as food, housing, clothing, medical care and education.

Impact of a Temporary Child Support Order

An award of temporary child support has advantages and disadvantages that should be considered by the parents. The advantages include:

• Each parent can plan for the future based on the payments
• The parents get used to the harsh reality of divorce
• Possible tax benefits if the child support payments are made as a result of a court order rather than voluntarily

On the other hand, a potential disadvantage to a temporary order of child support is that the amount may reappear in the final divorce judgment. The court may consider the amount in the temporary order as adequate and not rethink the determination. As such, it is important to provide the court with all significant financial evidence.

Questions for Your Attorney

• What happens if my spouse and I agree on child support without a court order?
• What if payments aren't made according to the temporary child support order?
• How should I make my child support payments? How do I track my payments?
• Can the amount awarded in the temporary support order be modified?

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