Protecting Your Family's Future

Getting Temporary Support While Your Divorce is Pending

When your marriage has fallen apart, one of the most pressing immediate concerns is meeting the financial needs of you and your children (if you are the custodial parent.) Whether you realize it or not, as the custodial parent, you are entitled to child support from the time a divorce complaint is filed. There is no requirement that your divorce decree be finalized before your ex must provide you with support.

As a general rule, when you file a complaint for divorce, you also ask the court to issue what are known as pendente lite (pending litigation) orders. These are temporary orders that can address any number of issues, including:

  • Conservatorship and parenting access to minor children
  • Child support obligations
  • Spousal support obligations
  • The use of marital property, including who may reside in the marital home

The court can also enter an order that prohibits both parties from “wasting” marital assets, incurring any new debt or destroying marital property.

To determine the amount of child support, the court will use a formula that takes into account the incomes of both parents. The judge can also make modifications based on any special needs of the children or the parties.

If the court has issued orders granting child support, spousal support, custody or visitation, and your ex is not in compliance with those requirements, you can return to the court to seek enforcement of the decree. Your ex can be held in contempt of court, subject to certain criminal penalties.

Contact Us

At the office of Linda Stewart Law, PLLC, in Baytown, we bring more than 8 years of experience to clients in south Texas. To learn how we can help, call our office at (281) 420-8020 or contact us online. We offer an initial consultation at a reduced fee of $50. We accept credit cards and will set up a payment plan, if appropriate. Our offices are open Monday through Thursday, from 9 a.m. until 5 p.m., and until noon on Fridays. Evening and weekend appointments can be arranged upon request.

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Stewart Law PLLC