In a contested divorce, or one with multiple complex issues, it is possible that many months can go by between the time that you first file your divorce case and the time that your divorce is finalized. What happens during that time? In other words, we know that when the divorce is finalized, some kind of order including child support and possibly alimony will be entered, but what happens during the many months that the case is being litigated?
Temporary Alimony
The answer is temporary support. New Jersey family law includes a provision that allows a spouse to ask the court for an award of alimony that will be paid only while the case is going on. The award is therefore temporary, and nonbinding when it comes to a final judgment—that is, just because a court enters an award for some kind of support for any amount to one spouse or another, does not mean that the final judgment will do or must do the same thing.
Still, temporary support can be a way for a spouse to pay bills, make sure the lights are kept on, take care of children, and even help pay for an attorney, while the case goes on.
The main goal of temporary alimony is to keep the bills paid, the mortgage paid, and the parties generally in a similar position they were when they were together, to the extent possible.
Temporary Child Support
Temporary child support orders are much easier because child support generally uses a formula based upon the New Jersey Child Support Guidelines Normally a judge will input the incomes of the parties into the formula and based on how many nights the child spends with each parent, come out with a determination of the child support amount.
Unlike the actual trial in a divorce, in a temporary proceeding, there is limited argument over how truthful each spouse’s stated income is, and whether a spouse may be underemployed.. There is, of course, consideration for the best interest of the child, but generally, courts will refrain from greatly uprooting a child’s life during a temporary proceeding unless there is a showing that the child is in some immediate harm.
If the case calls for both spousal and child support, the Court will typically enter what is called Pendente Lite unallocated support. This is a combination of alimony and child support in an amount the Court finds reasonable and fair intended to support the financially dependent spouse and the children while the divorce proceedings are pending.
Temporary Attorneys Fees
Attorneys fees may also be awardable, but unlike some states, New Jersey generally includes them in a final divorce order, which means that in cases that are settled, they may not be paid unless the parties agree to do so. For a court to award them, it will look not just to the ability and resources available to the spouse to pay them, but whether one party unreasonably litigated or took positions that were obstructionist or in bad faith.
Be prepared for your divorce and understand what to expect. Contact Agnes Rybar LLC for help and guidance so you know what to expect in your family law case.
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