Temporary Support Orders for Child SupportA temporary support order can be very helpful when you’re going through a separation or divorce, ensuring your children will be taken care of until a more formal arrangement is in place. Not only is it in the best interest of the children, it’s also a parental responsibility. Your ex may have made some verbal promises, but the only way to ensure that they are kept is through a temporary support order. Below you can read through some common questions that women have about temporary child support.
Nina's Question: My husband and I have been separated for 6 months, and he has not given me any money towards my mortgage, bills or child support. How can I get money from him legally if I can't afford a lawyer? Brette's Answer: Go to Family Court and file a petition for child support and spousal support. You can also ask for help with the children's medical and educational expenses. You don't need an attorney. Can I count on an informal support agreement during separation? Val's Question: I've been married for 24 years and we have 4 children 23, 22 and then twin boys who are 14. My husband wants a separation, but does not want me to contact a lawyer and says that he will pay all their medical, dental, and school expenses as well as incidentals and all their sporting needs. I know he will BLOW UP if I mention that I want to go to a lawyer. He has been charged with physical and mental abuse. What do you advise? Brette's Answer: It is never wise to give in to a spouse's threats or to trust that your spouse will keep his promises. The only way to ensure that you and your children are supported is to obtain a court order for temporary support. Good luck. »Return to top Can I get child support if we're separated? Stephanie's Question: My husband and I have been separated for about 9 months now. We have a child together, however no support is being paid and I can't afford to file for divorce. Brette's Answer: You can go file for child support on your own at your local family court. You don't need an attorney. You may also be entitled to spousal support. Is support retroactive from the date of separation? Kim's Question: My husband moved out and left me with all the bills and a baby to take care of. Will he have to pay me back the money that I spend before we get divorced? Brette's Answer: Support is not retroactive. You do not need to wait for the divorce - go to family court and get support now, or file the divorce and seek a temporary order. You should also get child support. Get a lawyer to help you. »Return to top Can an informal agreement during separation be enforced? Melissa's Question: My husband and I are separated, and have a three year old son. He said that he'll verbally agree to monthly child support and a schedule for visitation, however he refuses to sign anything. I believe we need something in writing to protect both of us, however he said I will have to take him to court to get his signature on anything. What should I do to protect myself? Brette's Answer: You're right to have concerns about this. Unless you have a court order, he is not required to pay you a dime, and since you have nothing determining custody, he could legally take your son and not return him. Some couples are comfortable with unwritten agreements, however the only way to have a binding and enforceable agreement is to get a court order. Child support will be calculated based on his income. Go to Family Court and get some orders laying out your agreement. It is a simple process. His refusal to sign anything makes me very suspect. »Return to top Do I have to pay child support if the divorce is not final? Nicole's Question: Do I have to pay child support if the divorce is not final? Brette's Answer: I don't know the details of your situation and can only offer general advice. If there is a valid order for temporary child support, you have to follow that. If you don't have that and the judge has not directed you to make payments at this point, you aren't legally obligated until the divorce and child support order is entered and official. » Return to top of Temporary Support Copyright WomansDivorce.com. All rights reserved.
Related Articles: Brette Sember is a former family and
matrimonial attorney and mediator, nationally recognized expert, and author of
many books including
The Divorce Organizer & Planner,
No-Fight Divorce, and
How To Parent With Your Ex.
This column provides general information about the various aspects of divorce. It is not intended to take the place of legal counsel and should not be considered personal legal advice. For specific recommendations concerning your situation, please retain experienced legal counsel. WomansDivorce.com and Brette Sember disclaim any liability from any claim arising from any information contained in this column. This column is not a substitute for legal advice. Divorce
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