Temporary Child Support During the Divorce Process in Massachusetts

| Feb 1, 2016 | Child Support |


If children are involved in a family law case, there is sometimes a need for temporary child support. Fortunately, Massachusetts has a procedure for obtaining temporary child support. Temporary child support is child support that the court orders to be paid by one parent to the other for the benefit of the child(ren) during the pendency of the case.

The request for temporary child support can be made at the same time as other initial pleadings in a case, or can be brought later as the need arises or as the party is ready to make such a request.

Temporary child support will last until the final order of child support is entered. This usually happens at the conclusion of the case either at the conclusion of trial or after the parties have reached an agreement. If prior to the conclusion of the case the order needs to be modified it may be possible to do so.

Importantly, if a party fails to make payments on a temporary order of child support that party will remain responsible after the temporary order is replaced by the permanent order. In other words, just because the temporary order has terminated does not mean that the unpaid amounts due under the order are likewise extinguished.  

In some circumstances parties seek temporary child support as part of their motion for other temporary orders. A motion for temporary orders can request a temporary parenting plan, temporary spousal maintenance, the use of certain property, and more. It is a useful, and sometimes necessary, method of organizing life after a family law case has been filed, but prior to the final order.

If you have questions about temporary child support, other temporary orders, or any other part of your family law case, please contact the Law Offices of Renee Lazar either through email or telephone 978-844-4095 to schedule a FREE one hour no obligation consultation. We would be honored to help you with all your family law needs. 

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