I have a pending divorce case, and the Temporary Order did not assess anyone with an obligation for child support, gave my soon-to-be-ex-wife visitation, and granted me physical custody of the children.
I am wondering if I can modify the temporary order so that she is responsible for paying me child support? Since I have sole physical custody raising the children without any child support from her is leaving me near broke.
I am unable to give you legal advice on divorce. I can give general divorce help for men, though, my knowledge is based on Nebraska and Iowa divorce laws where I am licensed to practice.
Many states allow the parties to present evidence at an initial temporary hearing to establish temporary allowances, which includes items such as visitation, child support, allocation of expenses, and spousal support.
In many jurisdictions, this Temporary Order will not be reviewed or changed prior to a final hearing or trial.
However, due to the length of time some cases can take before final hearing, some Temporary Orders may be reviewed for what many jurisdictions term a significant or material “change in circumstances” or a possible “abuse of discretion.”
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Further, if a juvenile action is pending, they may have to defer to another court for any orders related to your children. If your soon to be ex-wife is unemployed, for instance, they may have temporarily suspended any support obligation.
However, in the jurisdictions I practice in, everyone owes a duty of support to their children, no matter how minimal, and judges can often assess individuals with an “earning capacity” of at least minimum wage.
Remember, I am unable to provide you with anything more than divorce tips for men, so please consult with a divorce lawyer in your jurisdiction.