Temporary Child Support Awards

Many states provide for temporary awards of child support, pending a full evidentiary hearing after the parties have had a chance to obtain necessary information to establish the income of each parent and expenses of the child or children. Temporary support may be ordered in some situations before there is a paternity adjudication.

When parents separate, the children of the parties still need to be supported. Whether in negotiating a temporary agreement or upon a contested hearing, attorneys for the parents may agree to use the child support guidelines in setting temporary support. However, disagreements frequently arise as to the income of each parent. All too often, a parent who routinely worked overtime hours stops doing overtime work. A mother will decide to stop working and go to school instead to upgrade her skills or qualifications. A self-employed person will take home reduced earnings or will deny the true amount earned. A person who has been less than honest on his or her tax returns will present those returns as proof of income. The necessary expenses for the child may also be disputed. If the mother is not working, the father will question the expenses for work-related day care. A temporary award will provide some support for the child or children while the parent have an opportunity to obtain verifiable information on income and expenses.

Many tribunals will use the information provided by the parents and the child support guidelines in setting temporary child support. Adjustments to the basic support amount will be considered where it is shown that the parent seeking child support has needs greater or less than the amount provided under the guidelines. The paying parent's ability to pay will also be considered. Once the parties have obtained more complete information on the income of the parents and expenses for the child, the court or tribunal, after hearing testimony and considering documentary evidence, will issue an award of child support. The amount of the temporary award may be retroactively amended based on the evidence submitted at the contested hearing. If a parent has paid the temporary support, the court may be less willing to order a retroactive increase when later issuing an award of child support, unless it is shown that at the hearing on temporary support, the parent had deceived the court as to his or her income or had intentionally impoverished himself.

In some states, even before paternity is established, a tribunal may have authority to issue an award of child support. A tribunal may issue a temporary child support award if the father has acknowledged paternity or initiated court proceedings to establish paternity or if there is clear and convincing evidence of paternity.