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Oct 11, 2024|Divorce

Can You File for Child Support Before a Divorce?

Person holding a custody agreement by the Law Offices of Robert E. O’Connor

You and your spouse have separated and are planning to file for divorce, but you’ve been a stay-at-home parent for over a decade and have no source of income without your spouse. You need money now to keep a roof over your head, so you’re wondering—can you file for child support before a divorce?

The short answer is yes, you can. Here’s a closer look at your options and rights for ensuring your children’s financial well-being during this difficult time.

Filing for Child Support Before Divorce

The purpose of child support is to ensure your children receive the financial support they need, regardless of your and your ex-spouse’s marital status. This support can cover education, healthcare, and daily living expenses.

Divorce can take a long time, so it’s important to know that you can secure child support before the process is finalized. In fact, securing temporary child support is crucial for many lower-income parents to provide stability during the divorce proceedings.

When you file for divorce, you can request temporary orders for child support. These orders ensure that the non-custodial parent contributes financially while the divorce and final custody decisions are pending.

You can also file for child support if you are legally separated but not yet divorced. This legal step helps you manage the financial responsibilities of caring for your children during the separation period.

The Process of Obtaining Temporary Child Support

Here’s how to request temporary child support:

  • File a motion: It’s appropriate to file a motion for temporary child support when filing for divorce or legal separation.
  • Provide financial information: Both parents must submit financial affidavits detailing their incomes, expenses, and any special needs of the children.
  • Attend a hearing: A court hearing will be scheduled for both parents to present their case. The judge will consider factors such as each parent’s income, the time spent with the children, and any additional needs.
  • Start receiving temporary child support: Based on the presented information, the judge will issue a temporary child support order, which remains in effect until the final divorce decree is issued.

Transitioning to Permanent Child Support

Once the divorce is finalized, the temporary child support order is replaced with a permanent one. This final order is based on the divorce settlement or the judge’s decision if the parents cannot agree. The final child support order remains in effect until the child turns 18 (or 21 in some cases), or until one or both parents’ circumstances change significantly enough to warrant an alteration.

Learn More About Filing for Divorce and Child Support

If you have any questions about filing for child support before your divorce is final, the Law Offices of Robert E. O’Connor, P.C. can help. Since 1997, Mr. O’Connor and the rest of our experienced team have provided professional family law services to clients in Delaware County and Chester County. Request a free consultation at our law office in Media, PA, by calling us at (610) 566-1110.

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