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Can you get child support while your divorce is pending?

If you pay attention to the news or if you have heard a horror story or two, you know that divorces can take years to finalize. However, just because the legal process works slowly does not mean that your bills halt or that your child stops costing you money. While your California divorce is pending, your child will still need healthcare. He or she will still need new clothes for school, food to fill his or her belly and money for sports, field trips and after-school activities. You may worry about how you will pay for those expenses, especially if the other parent is unwilling to contribute. Fortunately, most states, California included, allow for temporary orders.

According to FindLaw, temporary orders are those that a family court hands down when a couple decides to separate, or even before a couple files separation paperwork. Because temporary orders are just that – temporary – hearings regarding them are relatively informal. They are also shorter. Because of this, you should know precisely what you want before you enter the hearing, as the judge is unlikely to give you ample time to explain what you want during the meeting.

Because every situation is different, the court does not have any set list of grievances it would like to address during these temporary order hearings. It leaves that up to the individual parties. If you are concerned about child support, it should be a top priority for you. Temporary orders do cover both child support and spousal support, so make your case in a clear and concise manner as possible.

You can bolster your case by submitting relevant documents that support why the judge should grant your order. Relevant documents may include bank statements, proof of sport fees, medical bills, school tuition and the like.

If a judge grants you your request, he or she will procure a proposed temporary order. The court will then deliver the order to your spouse via certified mail to ensure that he or she did in fact receive the documents.  

The information in this post is for educational purposes only. It should not be used as legal advice. 

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