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Is child or spousal support paid while the divorce is pending?

On Behalf of | Sep 6, 2018 | Divorce |

For couples in California who are moving forward with a divorce, spousal support and child support are two of the most common issues that are up for dispute. What many might not realize is that there might be a requirement for these payments to be made when the case is pending. It is important for both parties — the prospective supporting spouse and parent and the prospective receiving spouse and parent — to know the state law regarding support during pendency.

While the proceeding is taking place, it is possible that the court will order support payments. These payments will be made by the supporting spouse and will provide for the children as the case is underway. This is true whether the couple is seeking a divorce or legal separation or if there is a dispute over the support of a minor child or a child for whom there is support authorized. The order will be entered and remain effective until the court terminates it or it is terminated based on the law.

In some cases, during the proceeding, the couple might decide to reconcile. If that happens with the couple residing together, the orders based on support during pendency will be unenforceable. The order under this law can be subject to modification or termination at any point except if there is an amount that accumulated prior to the date of the filing or when there was notice that it was necessary to show cause for the modification or termination. An order during pendency will not be prejudicial to the rights of anyone involved in the case — spouse or child — when there is a subsequent order.

If a person was not the breadwinner in the relationship or there are children as part of the marriage and they decide to divorce, there is often concern over what the support situation will be as the case is pending. The law stipulates that support must be provided during pendency. If there is confusion about this or any other divorce-related issue, a law firm that is experienced in all aspects of California family law can help to get the support payments while the case is pending and deal with any other matter.


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John T. Chamberlin, Attorney at Law
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