When I file for divorce, will support be paid immediately?

On Behalf of | Oct 29, 2018 | Divorce |

Divorce can be a contentious matter in New York. Emotions will be frazzled and people will have a variety of concerns as to what the future holds not just personally, but financially as well. One issue that comes up in nearly all cases is support. This can be spousal support, child support, or both. When the divorce is finalized, the support will be in the agreement and can only be changed if certain conditions are met. One question that is often asked, however, is how support will be handled in the immediate aftermath of the divorce filing. Knowing about a temporary order is one of the key divorce legal issues to navigate.

It can take time to gain clarity on the financial circumstances of the parties. The Judge or Support Magistrate will need to go through all the records to decide who should pay support and how much it will be, among other factors. When the couple first goes to court, there might be a temporary order of support. This will tell the supporting parent to begin paying immediately. It will not necessarily be the same amount that will be ordered once the case is finalized.

It is not uncommon for a paying spouse or a receiving spouse to disagree with the amount that is ordered. In that case, it is possible to file an objection. This must be filed within 30 days of the date it was sent. The other spouse has the option to reply when there is an objection. The court will then decide on the objection. It can leave the order alone without changing it; it can change it; or it can hold more hearings to come to an informed determination. Both sides can object and request a hearing by a higher court.

When getting a divorce, the last thing people want is to be disagreeing over the basics as they seek to move forward with their lives and start over. Unfortunately, it is not that simple. For people who need support immediately, the temporary order is critical, but it can be cause for disagreements. Having legal assistance from a law firm that understands divorce and temporary orders can help the supporting spouse or the receiving spouse. This is crucial for a successful resolution to a case.