Temporary support is money paid by one spouse to the other for the support of a spouse or a child. It is paid sometime after the divorce petition is filed and continues until a permanent child support order is entered by the court or until your case is dismissed.
If you are in need of temporary support, talk to your attorney at your first opportunity. If you and your spouse are unable to agree upon the amount of temporary spousal or child support to be paid each month, talk to your attorney. If an agreement is not reached, it is likely that your attorney will file a motion for temporary support. The motion will request the judge decide how much the support should be and when it will start.
There are a number of steps to getting a temporary child support order. Do not delay in discussing your need for support with your lawyer.
The following are the common steps in the process of obtaining support:
- You discuss your need for a temporary child support order with your lawyer.
- You request an exchange of income information and expense information with your spouse.
- You try to resolve the matter prior to filing a claim.
- Your lawyer requests a hearing date from the judge and prepares the necessary documents.
- In most judicial districts you exchange a required Financial Affidavit and income documentation.
- A temporary hearing is held.
- The temporary order is signed by the judge.
- Your spouse begins paying child support to the NC Child Support Centralized Collections (NCCSCC) in Raleigh or you have his wages withheld and sent to NCCSCC.
- NCCSCC sends the money to you.
If your spouse is not paying you support voluntarily, time is of the essence in obtaining a temporary order for support. This should be one of the first issues you discuss with your lawyer.