Child support is typically ordered in a Final Decree of Divorce. Texas law requires a 60 day cooling off period after you file for divorce before the court can grant the divorce and sign the Final Decree of Divorce. If the divorce is contested, you may often be looking at well over 6 months or even a year before your divorce is final and that can mean no child support during this time.
So if your spouse is not doing the right thing; what can you do to get some child support?
The answer is Temporary Orders. After filing the divorce petition, you can request a temporary orders hearing, typically 2 to 4 weeks later, where you and your spouse (who should be served notice to appear) go before the Judge to address any issues that can not wait until granting of the divorce. This is where you can get your spouse to be ordered to pay child support.
Temporary Orders are just what they sound like. They are orders that are temporary, that can be used to provide child support between the date the divorce is filed and when the divorce is granted. Temporary orders are not limited to child support. They can also be used to address temporary child custody and property issues.
Temporary orders can help tremendously in keeping stability in your children’s lives while the divorce is pending. Temporary orders stay in effect until the divorce is final.