Temporary Child Support Orders in a Divorce

Parents going through a divorce can file an immediate request for child support. The motion is called a pendente lite child support motion. Pendente lite means “pending the litigation.” The motion for child support looks for temporary support, which can accompany a request for temporary custody, attorney fees, exclusive use of the family home, or an order of protection. The motion contains an affidavit of the parent, an affirmation from the attorney, and exhibits.

How is Temporary Support Determined?

The court uses the Child Support Standards Act to determine temporary support. The judge will review the parent’s affidavit, look at past years income, then apply the percentage based on the number of children. In certain circumstances the court will deviate from the basic support award.

The court will also determine which parent is the custodial parent.

Pendente Lite Child Support awards are often decided at the first court appearance, and it is important that the parents use skilled attorneys to present accurate figures and strong affidavits supporting the request for support. Daniel Szalkiewicz and Cali Madia have drafted numerous pendente lite motions requesting the immediate relief our client needs to help support their child.

Documents Used to Determine Pendente Lite Child Support

In order to file a pendente lite support motion, the parent must attach a statement of net worth. Other documents that are helpful in the Child Support Standards Act calculations include tax returns, pay stubs, bank statements, invoices for doctor’s appointments and private school, and credit card statements.

Using technology, we can subpoena internet companies to determine if your spouse is hiding assets that would increase their income for temporary child support purposes.

Overcoming a Pendente Lite Child Support Order

Once the judge issues a temporary custody support award, it is very difficult to overturn. The Appellate Division and courts believe that “any perceived inequities in pendente lite child support can best be remedied by a speedy trial, at which the parties' financial circumstances can be fully explored.”

The only time a pendente lite award will be modified is if there are exigent circumstances. Exigent circumstances include:

• A parent being unable to meet their financial obligations;

• A change in custody;

• A party losing their job and being unable to find new employment.

If the change is based on lose of a job, the modification will not happen immediately. The parent needs to show they have actively tried to get a new job.

It is not enough to argue that the pendente lite support award was too low to meet a parent or child’s needs.

Income for Pendente Lite Child Support Awards

Pendente Lite child support awards are based in part on a parent’s income. The court can temporarily impute income on a parent based on their employment history, future earning capacity, educational background, or money received from friends and relatives. It is important to attach all documents to the Pendente Lite support motion so that the court has enough information to decide the amount of income on each parent.

Attorney Fees and Temporary Support

A parent can also request attorney fees while seeking temporary child support in a Pendente Lite motion. The request for lawyer fees is based on the financial circumstances of both parties.