Obtaining Temporary Alimony/Family Support While the Divorce is Pending
Fighting to make sure the divorce contest is fair through the award of temporary spousal support
Tennessee family court judges can award temporary alimony once a divorce is filed to help make sure a spouse who has a lot more money does not use his/her financial advantage to force an unfair result. A court can also award this to a spouse to maintain the status quo when the other spouse has left the marital residence and refuses to pay support. Equitable distribution, post-divorce alimony, child custody and child support should be based on what is fair and just for the spouses and the children – not who has the most money.
At the Law Office of Tara Carter, our Middle Tennessee temporary alimony lawyers immediately request temporary support to be paid until all divorce issues are resolved by settlement or by a trial. Temporary support includes temporary alimony, child support, and legal fees. We also request that the existing bills be paid during the divorce so that valuable assets are not lost and both spouses are free from financial pressures.
What is temporary support
Temporary support, also known as alimony pendete lite, is the payment of a regular sum (weekly or monthly for example) from one spouse to the other spouse. The payment of support does more than level the playing field for the divorce contest. It encourages the spouses to resolve their differences. Mediation and resolution of disputes through negotiation is less expensive and usually much faster than trying the disputes before a trial judge.
If an agreement cannot be reached between the lawyers for the spouses, the family judge usually hears all three related temporary support matters:
- Payment of temporary alimony
- Payment of child support
- Payment of the disadvantaged spouse’s legal fees
The hearing for temporary support should occur fairly quickly so that the divorce can proceed. Each Tennessee county is different. Hearings can be set within a month, a week or two, or sometimes longer after the divorce is filed.
The determination of temporary alimony, child support, and legal fees
The amount that a spouse will be ordered to pay for all three temporary support components is not based on a precise formula. In post-divorce alimony, there are many statutory factors the court considers. In child support cases to determine post-divorce cases, Tennessee uses standard guidelines based on the income of the parents, the number days a child spends with each parent, medical insurance costs, and other standard factors.
In pre-divorce cases, our Middle Tennessee temporary support lawyers will ask the judge to consider the following factors, among others:
- The ability of each spouse to earn a living and pay the bills
- The financial needs of each spouse
- The standard of living of the spouse before they separated or filed for divorce
- The need to pay ongoing bills such as the mortgage, utilities, and any school expenses on time
- The needs of the children including any special needs
If a spouse is getting support from a girlfriend or boyfriend, for example, if a spouse is living with someone and not paying rent, that could affect the amount of temporary alimony. Generally, fault is not considered in the temporary alimony award.
Get help from a respected Tennessee temporary alimony lawyer as soon as possible
At the Law Office of Tara Carter, we fight for temporary alimony for spouses who aren’t working or have limited funds. An evenly contested dispute of all family law issues is not just a matter of fairness. In many equitable distribution disputes, an experienced lawyer can often make suggestions that help both spouses and can help spouses thru the economic and custody issues instead of their anger towards each other. When children are involved, the best interests of the children should always come first.
To speak with a trusted Middle Tennessee temporary support lawyer, please phone our office at (615) 495-6000 or complete our online contact form to schedule an appointment. We see spouses who live in Murfreesboro, Goodlettsville, Lebanon, Brentwood, Hendersonville, Nashville, and the surrounding locations.