How does support and parenting time work while my divorce/parentage case is pending?

Divorces, generally, don’t happen overnight.  There is a process that one must go through and at times, it can be lengthy.  During this time period, spouses and children still need to eat, have shelter, and spend time with both of their parents.  In order to ensure that these things happen in a way that is lawful and regular, the court has the authority to enter temporary orders during the pendency of a divorce or parentage case.

Temporary orders are temporary in nature until they are incorporated into a final Judgment.  The temporary order can provide for a “temporary” amount of child support to be paid during the pendency of the case.  This ensures that the parties’ children have monies available to them while the case is ongoing, prior to a judgment being entered.  One can also obtain a “temporary” parenting time order, allocating time to be spent with both parents during the pendency of a dissolution of marriage, custody or parentage case.  This ensures that the children have access and spend time with both parents, prior to a divorce being final.

Some parties will agree to incorporate temporary orders into their final judgment.  Some Judges will incorporate temporary orders into a final judgment.  However, sometimes, the parties or the Judge may modify the “temporary” orders slightly in a final judgment.  Regardless, the temporary order provides rules by which the parties must abide in order to keep the peace and provide a sense of certainty for the parties and the minor children while the case is pending.

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