In The Midst Of A Divorce: Temporary Motions For Child Support, Visitation And Custody

22 May 2015 by Jonathan Phillips

When you are at the beginning of your divorce, things can get unstable quickly. If you have left your marital home because your spouse has asked for a divorce, you may feel that you have to do everything on your own. If you are the spouse who makes less money, you have rights. If you were the stay-at-home parent, you can't be expected to immediately have a job. You should not be bullied by a spouse you are divorcing, who is refusing to pay you child support or alimony.

You Have the Right to File Temporary Motions

The day you are asked for a divorce, you can go to the probate court and file a temporary motion for child support. If your ex has an attorney, but you can't afford one, don't let them convince you that you can't file a motion. You are entitled to child support as soon as there is an order from the court granting you support. This goes the same for alimony. If you believe that your soon to be ex spouse is going to be difficult through the divorce process, the sooner you file temporary motions, the quicker you will get child support.

Your Children Have the Right to Live in Equitable Situations

If you and your former spouse have decided to share custody equally, your children have the right to expect the same quality of life in both households. This means that if you were the stay-at-home mom and asked to leave, your ex has to help you provide the same type of living environment for the kids that they are able to provide. They can't live in a nice four bedroom home while you live in squalor. Child support guidelines are set up to ensure that the children have similar living situations with both parents.

Your Spouse's Attorney May Suggest You are Underemployed

Most stay-at-home parents are not underemployed, they are simply not paid for the work they do. Depending on your situation, if you have been home for a number of years with the kids and your spouse has sprung a divorce on you, you will be allowed alimony to get back on your feet. Whether you decide to attend school so you can get the education you need to get a good paying job, or you need time to find a job, it is up to the better paid spouse to help the other become financially stable. 

To learn more about divorces, contact a law firm like McKissick & McKissick. 

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