Temporary Child Support
Pursuant to New Jersey law, the financial considerations of a divorce including child support, division of assets, and alimony may begin on the divorce filing date. In other words, as soon as either party files for divorce, they will be eligible to file a motion requesting temporary financial support during the divorce process, until such time that a final agreement is reached.
The temporary child support attorneys of Jacobs Berger understand that time does not stand still during divorce proceedings. For that and many other reasons, we assist our clients in securing the temporary child support they need in Morris County towns and across Northern New Jersey. Our firm believes in mitigating the financial and emotional stresses of divorce, and that often includes temporary financial support for our clients.
Call our office today for a comprehensive and confidential Strategic Planning Session with one of our qualified and experienced divorce attorneys regarding your temporary child support needs and concerns and to find out how we can help.
Temporary Child Support Lawyers Define Pendente Lite Arrangements
Pendente lite loosely translates to “awaiting litigation”. Simply put, pendente lite agreements are temporary child support agreements which can be struck before a final child support agreement is reached. This can include either a court ordered temporary child support agreement or a temporary agreement which two spouses are able to reach on their own. In either case, legal temporary child support agreements are enforceable just like “permanent” child support agreements.
It is important to note that even if individuals have no agreement for temporary child support or if they waited to file a pendente lite request for temporary child support, they may be entitled to child support dating back to the date that the divorce was filed. However, the other party may argue that they were not notified of your intent to collect child support. For this and other reasons, it is vital that you explicitly state your request for child support within the initial divorce filing.
What is Considered When Calculating Temporary Child Support?
Temporary child support is calculated using essentially the same factors as those used in regular child support agreements. A main differentiator is that some of the factors involved including child custody, living arrangements, and more may not yet be finalized in the midst of the divorce process. The factors used in temporary child support calculations include but are not limited to:
- Income and earning capacity of both parents
- Number of children and ages of each child
- Child custody arrangements. Here is where things may differentiate between a temporary child support calculation and a formal child support calculation. Child custody may or may not be established in your divorce at the point when you are requesting temporary child support. In this case, it is often a good idea to establish temporary child support at the same time parents agree to temporary child custody
- Other children, prior marriages, and other personal considerations
- Special needs for children or other expenses including health care, day care, schooling, and more
Divorce Attorneys Discuss Impact of Temporary Child Support on Permanent Agreement
Much like other temporary agreements during the divorce process, temporary child support agreements will not have a concrete impact on your eventual child support terms. Whether you choose to resolve your divorce disputes via traditional litigation, mediation, arbitration, or another alternative method, the judge, mediator, or arbitrator will not take the terms of your temporary child support agreement as gospel.
However, while temporary agreements are often based on more fluid circumstances, the same general guidelines apply to calculations. Therefore, our Denville temporary child support attorneys understand that our client’s expectations should be to see fairly similar results in their final child support agreement.
Contact our Temporary Child Support Attorneys Today
At Jacobs Berger, our attorneys take pride in offering dynamic and individualized legal solutions for our clients across New Jersey. Our child custody agreement attorneys view their role in the child custody process as one where they give practical, goal-oriented advice designed to weigh options and plan for long-term sustainable success. Our firm is committed to working with the unique needs and concerns of each one of our clients when it comes to any family law or divorce dispute, including securing temporary child support for parents.
Call our Morristown offices by dialing (973) 710-4366 or contact us online today for a comprehensive and confidential Strategic Planning Session with an experienced member of our legal team regarding your temporary child custody dispute and to learn more about how our firm can best serve your needs.