When does child support or alimony start?
Lawyer's secret: You can file for temporary support (child support and or alimony) to receive payments while the case is pending - you do not have to wait until the end of your case.
Many parents don't realize that they do not have to wait until the end of the divorce to get support. Spouses are usually concerned that the other will purposefully delay the case on purpose to avoid paying support. While your spouse can delay the case, the purposeful delay of a divorce case will not delay the payment of support.
Child support and maintenance (alimony) can be ordered early in a divorce case. After your attorney has filed the case and your spouse has has been served, either party may move the court to set temporary support, which will likely include temporary child support. A temporary child support figure can be obtained by court order usually within 60 to 90 days after the filing a case, sometimes more quickly in emergency circumstances.
At a hearing or usually by agreement, a temporary child support obligation (and or alimony) will be set. Later in the case, or at trial, a final amount will be determined. The sooner a case is filed, the sooner a child support obligation can be set by court order.
A holistic approach to your case should result in temporary support being paid by agreement without the necessity of a court order within 30 days of the start of your case, if your spouse realizes the financial benefits of a holistic approach.
If you would like to talk to Paul Nordini how to best start receiving support, you can call him today for your free consulation.