Do I Have to Wait Until Divorce is Final Before Alimony or Child Support?

Getting a Temporary Spousal or Child Support Order

If you’ve moved out of your family home, or your spouse has done so, you might be struggling to make ends meet. Some spouses might not have worked outside of the home for a long time and may simply be unable to afford to pay for rent, food, utilities, and other similar expenses. Your spouse might also have moved out and have left you to care for your shared children.

Fortunately, it is possible for you to get temporary orders for spousal and child support while your divorce is pending with the help of Stephanie Villalobos, LP at De Novo Law

Divorce cases can take a long time, and you might be worried that you will have to wait until your divorce is final before you will receive alimony or child support. Fortunately, however, it is possible for you to get temporary orders for spousal and child support while your divorce is pending with the help of Stephanie Villalobos, LP at De Novo Law. Here is some information about temporary orders for spousal support and child support and what to do to get them.

What Are Temporary Orders?

It can take months to resolve a divorce case. While a divorce is pending, temporary orders might be necessary to address certain critical situations, including spousal support and child support. Temporary orders can be put into place by the family court judge while the divorce is still pending. When temporary orders are issued, they will last until the divorce decree is issued. At that time, any agreements or final orders will take their place. 

If you have a fairly amicable relationship with your estranged spouse, you can try to negotiate an agreement to address important issues like temporary child support and temporary spousal support while your divorce case is proceeding. However, if your spouse has moved out and refuses to pay child support or to pay alimony, you might then need to file a motion for temporary orders with the family law court. 

if your spouse has moved out and refuses to pay child support or to pay alimony, you might then need to file a motion for temporary orders with the family law court. 

If you do reach an agreement with your estranged spouse for him or her to pay child support or to pay alimony, you can file the agreement with the court. The judge will then enter your agreement as a court order. If you and your estranged spouse cannot agree, you can file a motion with the court to request temporary orders. The judge will then schedule a temporary hearing to address your request. Both you and your estranged spouse will have the opportunity at the temporary hearing orders hearing to make requests. After reviewing the evidence and the testimony at the temporary hearing, the judge will then issue a ruling about the temporary orders. 

There are a variety of other types of temporary orders in divorce cases beyond orders for temporary child support or temporary alimony. Some of these might include a temporary order for the exclusive use of your home, emergency custody orders, and others.

Temporary Orders vs. Emergency Temporary Orders

When you file a request for temporary orders, it can take between 30 and 60 days for the court to schedule a temporary orders hearing. You must also serve your estranged spouse with notice. However, if you are in an emergency, you can file documents with the court to receive an expedited hearing. 

For example, if you have moved out of your home with your children and do not have an income to support your children and yourself, you will may have the a standing to file a motion for emergency temporary orders. The court might also issue emergency custody and child support orders on the day that they are requested if your petition provides enough facts to show that you and your children are in imminent danger of harm. Being at risk of homelessness due to a lack of income or child support should qualify as being in imminent danger of harm and form the basis for emergency custody, child support, and spousal support orders.

What Is Needed to File a Motion for Emergency Child Support?

You must be in real and imminent danger of harm to file a motion for emergency child support or alimony. You should not file a motion for emergency child support or alimony simply to try to get an earlier hearing. If you do, the court could hold you in contempt or order you to pay your estranged spouse for costs that have arisen because of your motion. Talk to your legal paraprofessional before you file this type of motion to ensure you are eligible for it.

You must be in real and imminent danger of harm to file a motion for emergency child support or alimony

Your legal paraprofessional can then file a motion for temporary orders without notice for you. If your motion is filed before 4:30 pm, it will be reviewed the same day by 5 pm, and the judge will issue a decision. If it is filed after 4:30 pm, the court will review it the next day by noon. Stephanie Villalobos at De Novo Law can help you determine whether you should file a motion for emergency orders or regular temporary orders.

Steps For Getting Temporary Orders for Alimony or Child Support

1. Explain Your Financial Situation in Detail.

The first thing you should o do is to clearly explain your financial situation with your licensed legal paraprofessional. She can determine how to proceed with the support you need. Financial support provided to one spouse by the other while a divorce is pending can be a financial lifeline for some people. Ms. Villalobos will need information about your income, your children’s ages, your work history, and your current support needs. This type of information is necessary to properly draft and file your motion for temporary orders. 

2. Gather the Necessary Documents.

You will need to provide several types of documents to support your motion for temporary orders and to prepare your case information sheet so that the court can understand your financial situation. Some of the types of information your attorney legal paraprofessional might need include your wage statements, your spouse’s wage statements, income tax return, bank account statements, household bills, your children’s expenses, and your debts and assets. Bring these types of documents with you to your appointment at De Novo Law. 

3. Speak With a Financial Adviser.

It is a good idea to talk to a financial adviser about your support needs if you are seeking alimony so that you can afford to remain in your home. Even if your motion for temporary spousal support is granted, there is no guarantee that the order will be made permanent. Just like a divorce attorney, Stephanie Villalobos can work with your financial adviser to help you to make smart financial decisions during your divorce that might allow you to land on your feet even if the court does not issue permanent alimony orders.

4. Try to Negotiate an Agreement for Temporary Spousal or Child Support.

The goal at De Novo Law is to come to an agreement before needing to go to court to avoid any delays whenever possible. If you need temporary spousal support or child support, Stephanie Villalobos will try to negotiate an agreement with your estranged spouse to secure the needed support. In most cases, it will be in your best interests if you can negotiate an agreement with your estranged spouse for temporary spousal and child support. However, if an agreement can’t be reached, She she can prepare your motion for temporary orders for you and file them on your behalf. 

If your relationship with your estranged spouse is particularly acrimonious or you have been the victim of domestic violence during your marriage, it is not in your best interests to try to negotiate an agreement for support with your estranged spouse. Instead, you should let your legal paraprofessional at De Novo Law handle any negotiations for you or file motions for temporary orders directly in court. You do not want to be in a position in which you will be coerced or harassed into an agreement that might not be in your best interests. 

Divorces can be filled with emotional conflict, and some spouses refuse to pay any child or spousal support while their divorces are pending. Filing a motion for temporary support orders can be a way to secure the types of financial support you need before your divorce is final. De Novo Law can help you pursue some financial help from your estranged spouse now without being forced to wait until your divorce decree and final orders are issued.