Can I Get Child Support Before My Divorce Is Final?

When a marriage ends in a divorce, it can turn life complicated for both parties, but more so for the parent who may end up with child custody. As a custodial parent, they may get child support to ensure the well-being of their child. But is it possible to receive payments even before the final divorce decree?

Fortunately, New York law allows custodial parents to seek child support before the divorce is finalized. However, it's not an automatic process, and parents need to request the court to issue a temporary order for financial support.

Navigating state laws and the complex court procedures can get overwhelming for a parent facing a divorce. This is why it's important to work with an experienced divorce attorney to learn more about their legal rights and take the necessary steps for a favorable outcome.

Understanding Child Support in New York

Child support obligations ensure that the children receive constant financial support, regardless of the marital status of their parents.

In most cases, the custodial parent receives financial payments from the non-custodial parent. Courts calculate support using the New York Child Support Standards Act (CSSA).

Types of Child Custody and Its Impact on Child Support

When determining custody, the judge considers major decisions related to education, healthcare, and religion. There are several types of child custody in New York, and each can influence child support obligations. They include the following:

• Physical custody: A parent with physical custody is completely responsible for the day-to-day upbringing of their child, which means that they are usually the ones receiving child support from the non-custodial parent.

• Sole custody: Under this arrangement, only one parent has the right to raise their child while also having decision-making authority. They are entitled to child support from the non-custodial parent.

• Joint custody: This is an arrangement where both parents raise their child while sharing decision-making responsibilities. The court calculates support payments based on the time each parent spends with the child and their incomes.

Factors That Can Impact Child Support in New York

There are several factors that can impact how much a parent (often the one with a higher income) must pay child support. Some of them include:

• Basic expenses of the child

• Income of the parent

• Health care needs of the child

• Work history

• Other factors, such as any special needs the child has

When Are Child Support Orders Terminated in New York?

The non-custodial parent has to pay support until the child reaches the age of 21. However, there are certain situations that can lead to the early termination of child support payments. They include the following:

• If a child becomes emancipated earlier (they could be married, financially independent, or in military service), support may end.

• Courts may modify or terminate child support orders if there is a substantial change in circumstances, such as a parent’s income or the child’s needs.

If a child has a disability that requires continued financial care even past the age of 21, the non-custodial parent's obligation to provide for their child's life and well-being continues. For more details, this divorce law firm in Albany may be able to help.

Can I Get Child Support Before My Divorce Is Final? (Pendente Lite Child Support Explained)

Parents in New York can seek child support while the divorce case is pending, and this temporary order is also known as pendente lite child support.

A parent who is in a financial bind can reach out to the court for support at the time of legal separation or when filing divorce papers. The judge will ask both parents to provide documentation of their financial standing so that they can decide the appropriate amount.

How to Get Child Support Following a Divorce

During divorce settlement agreements, parents have three paths they can choose to determine support payments, including the following:

Prepare a Child Support Plan Together

The best way to resolve issues before the marriage ends is by working together. When the custodial parent communicates respectfully with the other parent, it can simplify legal matters.

To draft a child-support plan together, one spouse must initiate the conversation with the other spouse, discussing important matters like:

• The child's parents' income and resources

• The children's current and future expected expenses

• Child support amount that both find reasonable

• Payment schedules and methods

During the discussion, both parents must write everything down in a written agreement. They must then submit that document to the court for approval.

Go to Mediation

Sometimes, during negotiations, parents may not agree on certain conditions. However, they may also want to avoid litigation, which can be an expensive route.

This opens the door to mediation, where a neutral person facilitates the discussion and helps the parent and the other party to arrive at common ground.

The mediator could be an experienced child support lawyer or a family law attorney. They can guide both parties and help:

• Reduce conflict and stress

• Give parents control over outcomes

• Preserve co-parenting relationships

• Produce a child support agreement that both parents can agree to

File a Petition in Family Court

Hostility between parents or failed cooperation may lead to litigation. The custodial parent can file a child support petition in the family court to initiate the legal process, which involves:

• Completing all the paperwork

• Filing in the appropriate court

• Serving the other party

• Providing evidence to build a strong case

• Attending court proceedings

While most divorce cases in New York end up in the Family Court, appeals can push matters to the state appellate courts, then possibly the state's Supreme Court.

How a New York Divorce Attorney Can Help

A skilled divorce attorney can play a crucial role in ensuring fair child support while protecting the best interests of both parents and the child. They can help:

• Navigate complex divorce cases, including situations involving domestic violence, restraining orders, or getting divorced when one spouse lives in another state/country.

• Advise on spousal maintenance or spousal support based on accurate formulas and factors like income and retirement accounts.

• Apply for public assistance if needed while waiting for support orders.

• Represent clients in rare cases where parents are required to live separately but still must meet support obligations.

Facing a Divorce and Need Child Support? Contact Divorce & Family Legal Today!

Divorce changes everything for both you and your spouse. Fortunately, affected parties don't have to go through it alone. Divorce & Family Legal is here to help you understand your rights and the other parent's obligations (child and spousal support) while navigating the complex legal waters and questions such as "Can I get a divorce if I’m pregnant?"

Let us handle the legal complexities while you focus on supporting your child through this transition. Contact Divorce & Family Legal to schedule a free consultation today!