Temporary support is the kind of support awarded during the pendency of dissolution or legal separation, or any other proceeding in which support of a child is at issue. The court may order either or both parents to pay any amount necessary for the support of the child.
In calculating temporary support, the Statewide Uniform Guideline also applies. In fact, the Statewide Uniform Guideline applies to both temporary and permanent child support. Awards of child support are computed using the same criteria no matter when the award is made. The amount awarded for permanent child support, however, may differ from the amount awarded for temporary support. This is because the parties’ circumstances might have changed from the time the temporary support to the time permanent support was awarded. Factors that may affect the value include changes in the parties’ incomes or time-sharing arrangements. Nevertheless, the same formula is used.
The order for temporary support can be made retroactive to the date the petition or initial pleading was filed by your divorce attorney. This means that support may be ordered for dates before the temporary support was computed and the parent can be made to pay for those dates. However, temporary support can only be awarded for dates that fall inside the time when the case was already filed. In case the other parent was not served with the petition or initial pleading within 90 days after filing, then the earliest date on which the order can be effective is the date of service.
The temporary support order will remain in effect unless a permanent support order is made. It can also be terminated by the court or by operation of law. The court is empowered to modify or terminate a temporary child support order at any time.
Temporary support orders are also rendered unenforceable for periods in which the parties have reconciled and are living together unless the order specifies otherwise.