Can I get child support while a divorce is pending?

Yes. The Law mandates it. And don’t let the lawyer for the noncustodial spouse try to tell you that the court has to follow the CSSA guidelines in granting you an award of child support. That is not true. The Court can deviate from the guidelines when a divorce is pending. There are 10 factors the court can consider in applying a variance:

1. the financial resources of the custodial and non custodial parent and those of the child (if the non custodial parent can afford to pay more, the court looks at his/her means, and the children’s needs.)

2. The physical and emotional health of the child and his/her special needs and aptitudes (is the child seeing a therapist for example? This could entitle the custodial parent to more.)

3. The standard of living the child would have enjoyed had the marriage not been dissolved.

4. The tax consequences to the parties.

5. The non-monetary contributions that the parents will make toward the care and well-being of the child.

6. The educational needs of either parent

7. A determination that the gross income of one parent is substantially less than the other parent’s gross income.

8. The needs of the children of the non-custodial parent.

9. extra-ordinary expenses of the non-custodial parent in exercising visitation.

10. Any other factor the court deems relevant in each case.

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