Child support agreements are usually enforced permanently until the child reaches the age of emancipation. However, it is common for a court to establish a temporary child support order while divorce or custody litigation is proceeding.
The term pendente lite, Latin for “pending litigation,” is used to describe child support orders that a parent is obligated to comply with while their divorce case goes through court. These temporary payments may be completely different from the final child support agreement that will be decided at the end of the litigation, but they allow the child to still receive financial support while their parent’s case remains open.
Navigating pendente lite child support payments can be daunting without the assistance of a qualified legal professional. A knowledgeable lawyer could help you comply with state law while ensuring that the temporary child support orders in Chattanooga are fair.
It is common for the court to set a temporary child support order before a final settlement is reached, whether it be in a divorce case or a child custody case. It is not uncommon for a custody or divorce case to last a year or longer, so these temporary payments are meant to ensure that a child does not go without support during that time.
To obtain a temporary child support order, the parent must file a motion with the court. Some of the factors that are used to determine the amount of the temporary payments include:
Given that it is a temporary order, it is subject to modification in the final hearing if the circumstances of either parent have changed. A nearby lawyer could further explain the elements that factor into a pendente lite child support amount and how a temporary order is made.
Once litigation has ended and the parties have reached an agreement or the court has made an order, any pendente lite orders would be void and the parties would have to follow the final order of the court. Sometimes, the court’s final order will match the child support amounts set by the pendente lite order, especially if there were no major changes in either parent’s circumstances during the course of the litigation. The final order will still use many of the same factors for calculating a payment amount as the pendente lite order did.
A local attorney experienced in this area of family law could fight for a final child support amount that both parties are satisfied with, while ensuring that the paying parent fulfills their pendente lite obligations.
Pendente lite child support orders can be crucial for a custodial parent to take care of their child during lengthy and difficult family law cases. It is important for the paying parent to abide by the complex laws surrounding temporary child support and having a legal advocate to explain the requirements could be beneficial to both parties. An experienced lawyer could guide you through the pendente lite process and help you come up with an effective temporary child support order. Call today to schedule a confidential consultation and to learn more about temporary child support orders in Chattanooga.