A divorcing party petitioning the court for temporary child support and/or spousal support must complete the relevant forms, file them, serve the other party, and prepare for the hearing. Alongside the petition, the petitioner must provide a financial affidavit outlining his or her need for support with convincing reasoning. The petitioner must also support the affidavit with valid documents, including bank statements, payslips, and tax returns.
Filing a Temporary Support Petition
Filling Out the Forms
The petitioner must complete at least two forms to file his or her petition. He or she must start by completing the Fee Information Sheet. This form helps the Clerk of Court determine if the petitioner has to pay a filing fee. If the petitioner has paid his or her initial appearance fee already, the petitioner doesn’t have to pay an extra filing fee. Courts often exclude the temporary support petition from the typical filing fees because it’s a petition made before the final divorce.
If the petitioner wants the court to address issues like child support and spousal support, he or she must complete the Motion for Temporary Custody, Support, and/or Exclusive Possession form. The petitioner must also fill out the Financial Disclosure form and attach his or her most recent payslips to it. Divorce lawyers can guide the divorcing party on identifying the right forms for requesting temporary support and filling them out correctly.
Filing the Forms
The petitioner can submit the filled-out forms online through e-filing, by mail, or by taking them to the courthouse in person. Upon receiving the petition, the clerk will file a Clerk’s Notice of Hearing. This action establishes a hearing date or a day when the judge will look at the petition and make a written ruling.
Serving the Other Party
The petitioner must serve the other party or the other party’s attorney with all the filed documents. He or she can serve the documents electronically via the court’s e-service program, by mail, or in person. Upon serving the documents, the petitioner must complete a Certificate of Service form that specifies when, where, and how he or she served the documents. He or she must file this form before the hearing.
Preparing for the Hearing
The divorcing parties can attend the hearing in person, by phone, or video. The party preferring to appear by phone or video must complete the relevant form and turn it in at least seven days before the hearing.