When filing for divorce, the question of child support will inevitably be discussed. When parents separate and live apart, should one parent pay child support to the other? When does child support begin? The answer isn’t always clear and will vary based on the divorce process. Having an attorney to help guide you through the process is an effective way to ensure everything is handled properly and timely.
Right after the parents separate and file for divorce, child support can begin, long before the divorce is finalized. One parent will request child support, the request will be served to the other parent, and the receiving parent will have a set timeline to respond before a hearing will be set to issue a temporary order. At this hearing, the court will review the paperwork, listen to testimony, and issue a support decision. In many cases, this temporary order will be obtained within 60 days of filing for divorce.
A temporary child support order or custody agreement can be issued during the process of filing for divorce and will last throughout the proceedings. The final child support order, custody agreement, and other support will be determined by the court when the divorce is finalized. This may or may not be different from the temporary order. During the process of filing, your attorney can help you navigate the temporary order and determine if you will need to ask for any changes to be made to the final child support order.
Legally, until the court orders the payments, whether via a temporary order or a final judgment, you are not required to make any payments. Parents are always free to make their own arrangements while waiting for the court to issue an order, but these payments are not enforceable and have no legal standing. The court will retain the final word in what is in the best interests of the children. If your divorce is amicable, you may be able to work things out while waiting for the final child support order, but if child support is a point of contention, it is important to have your attorney help you file for temporary support as soon as possible.
Child support negotiations can be extremely frustrating for both parents, and there are many potential pitfalls that will need to be avoided. When filing for divorce, you need an experienced and knowledgeable, local attorney to guide you through the process, whether you are looking to pursue child support or concerned about being required to pay an unfair amount. Your attorney will be able to give you an estimate of what you can expect to pay or receive, which can give you an idea of what will happen and walk you through the timeline of steps.
Filing for divorce is a stressful process, and if you have minor children, it can make the process even more stressful. All parents want what is best for their children, but the divorce can make that confusing. Understanding the ins and outs of child support, including when it starts and how it is decided, can be helpful as you both learn how to be single parents. If you’re going through a divorce and looking for advice and direction regarding the divorce process, contact my office today.