Can the Court Order Child Support Payments Before a Divorce is Finalized?

The court can order child support payments before a divorce is finalized. By law, child support is mandatory in any divorce involving children who are minors. These parents petitioning for the divorce must also include an order for child support payments even if the other parent is unemployed or can’t be found. In order for child support payments to be granted, an order must be put in, and the wage assignment will be calculated.

These payments usually begin when the judge ending the marriage is signed by the court even though the parents will not legally be divorced until after a waiting period. If, for whatever reason, the judgment is delayed, it is possible to file an application with the court to rush payment support. However, this process usually requires an attorney.

Most state laws have guidelines that help figure out support payments. The amount is based on parents’ income and the time each parent spends with the children. Other factors such as child care, health care, health insurance, special education or special needs, and travel-related visits will all add on to the final child support amount. Parents can also affect the final price of child support if they are aware of their rights under their state laws, and if they can agree that the amount is in the child’s best interest.

Ultimately, the judge assigned to your case has the authority to overrule any guidelines set in place, and be modified at any time.

This post was written by David Hurvitz. Follow David on Google+.