Child Support Payments During Divorce

By Staff Writer

Parties contemplating filing for divorce or child support often wonder when they can begin receiving payments. Many incorrectly assume that they will receive nothing until the entire case is resolved. This is not accurate.

After a request for child support has been filed, it is not necessary to wait until the end of the case to begin receiving support payments. If a request is made, the Court can Order a party to begin paying Child Support pending a final resolution of the case. An Order directing such payments is known as a Temporary Order of Support or a Pendente Lite Order of Support. After the Temporary Order of Support is signed, the parties either negotiate an agreement or proceed to trial. The end result of both is a final Order of Support.

Practically speaking, however, several weeks or months can pass from the time a request for support has been filed with the Court and the date when the final Order of Support is signed. During this period, it is entirely possible that no support will be paid. This does not mean that a party is not responsible for paying support during this period. As part of its Order, the Court can make support retroactive to the date the request was filed. This is known as “retroactive support.”

If retroactive support is awarded, once an Order of Support is signed, the party paying support is not only responsible for making support payments from the date of the Order onward but will also owe back support. For example, if a support petition is filed on September 1st, and a final Order of Support is signed on November 1st, the party paying support must pay current support from November 1st, and calculate back and pay retroactive support from September 1st. In effect, although not Ordered until November 1st, the support obligation actually began on September 1st and it is from that date that support must be paid.