What Is Temporary Child Support?

Temporary child support orders ensure that children have the necessary financial support during an ongoing dispute between parents. Receiving a final order in family court can take months or years. A temporary child support order can provide for the child’s needs while the parents are involved in a legal dispute, such as a custody case or during the divorce process.

The requirements for a temporary child support order vary by state. To learn about temporary support in your state, speak to a local child support lawyer who can provide helpful legal services.

When Is Temporary Support Necessary?

A temporary child support order provides financial support until the court issues a court order outlining the responsibilities regarding the amount of child support payments. Temporary support is necessary to provide for the financial needs of the child before a permanent order is in place. For example, a divorce case can take quite some time to settle, but one spouse may need financial assistance to care for a child immediately.

Regarding temporary support, a judge may order such support in certain cases. For example, if the spouse who had provided the majority of the financial resources for the home moves out, a court may issue temporary orders that include the following:

• Spousal support
• Child support
• Household support

Temporary child support orders are just as they sound—temporary. They give the parties more time to agree on issues in child support cases.

If there are allegations of domestic violence or negligence, the court may issue a temporary child custody order. The court may award temporary custody to a parent and issue a restraining order (or a protective order) against the noncustodial parent.

Determining Temporary Support Amounts

Most states have child support guidelines that will be used in a divorce case or other case in family court to determine a temporary child support obligation. Factors that go into temporary support orders include the following:

• The number of children and their ages
• Income and assets of each parent
• Child care costs for each child
• The custody arrangement and parent time for each child

States have written factors and calculators to determine temporary support amounts in family law cases. Typically, parents will need to provide the court with proof of the following:

• Income
• Debts
• Costs of expenses (including health insurance and housing costs)

Although each state has its own process for requesting temporary custody, the process generally includes the following:

• Applying for temporary support (it may be a form or application)
• An affidavit or declaration explaining the need for temporary support
• Proposed temporary order
• Proof that you have served the documents to the other party

The temporary order remains valid until the court holds another hearing or enters a final child support order.

State Temporary Child Support

Each state provides rules that ensure a child has financial support when parents are no longer together until the child becomes an adult. A family court calculates child support according to its state law. Each state has a system for calculating child support. There are three basic models for calculating child support.

• Flat percentage
• Income shares
• The Melson Formula

However, temporary child support ends when the child becomes an adult. The age of majority depends on state law, which is usually considered 18 or graduation from high school. Although some states require support payments if the child attends college, others do not.

The court with jurisdiction over your case has forms for a temporary order. Many states have a self-help law center to provide general information. You will need an attorney-client relationship to get legal advice for your case. A child support lawyer can provide the state-specific information you need.

Modifying Temporary Support Orders

A temporary order is only valid until the final order is in place. Once the final order is issued, the temporary support order is no longer valid. However, the judge may decide to include provisions of the temporary order in the final order. If either parent experiences a substantial change in circumstances while the temporary support order is in place, a parent can request that the court modify the temporary support order.

Transitioning to Permanent Support

As the family law matter or divorce proceedings progress, the temporary child support remains in place. It is enforceable in the same way as final support orders. A parent can be held in contempt of court and face penalties for not fulfilling obligations under a temporary support order.

Temporary child support orders are usually valid until the parties settle the matter through mediation or negotiation. If the parties do not agree, the court can hold another hearing to finalize an order for child support. If you need help with child support enforcement, a local child support office may be able to assist you.

A Family Law Attorney Can Help

To learn more about temporary child support rights and responsibilities, please speak with an experienced child support attorney in your state. The requirements vary according to your state’s law and your situation. An attorney can provide legal advice involving temporary child support and other family law questions. Get help today.