How Does the Payment of Temporary Spousal Support Influence the Final Jugment of Divorce: How Long Does Temporary Support Last?
Question: Our marriage lasted four years, and our dissolution has been pending for two years, with temporary custody and child support plus alimony orders issued by the court. Should the two-year period and the amount paid for temporary support influence the final judgment on child support and alimony?
Answer: Yes, temporary spousal support counts as far as total amount of time of support. In most cases of a short-term marriage spousal support will last for half the length of the marriage at most. When calculating what that period of time is, it will include the period prior to entry of judgment during which you received support or paid support. Temporary support, once payments begin, will be taken into account when calculating the duration of support payments, if any, after entry of judgment. Child support will continue until the child turns 18 and graduates from high school regardless of when support started.
Pro Tip: You generally should pay spousal support for only one half the length of the marriage when you have been married less than 10 years. However, an order of temporary spousal support stays in effect until it is changed by the court. You may need to file a motion (a request for orders) to modify spousal support (alimony) to zero if you have paid or will soon pay for a period of time equal to half the length of the marriage.
You need a copy of your order of the court’s order regarding temporary spousal support and you must prepare a FL-300 Request for Orders. Check the box modification and check spousal support. Fill out the FL-300 form which will request the exact spousal support order and the date the order issued. Explain you want it modified because you have or will reach the half the length of the marriage mark. You will file the FL-300 and an updated FL-150 income and expense declaration (don’t forget to attach your last two months of paystubs to the FL-150). After you file the FL-300 and FL-150 you then need to serve the court conformed copies on your spouse. Use FL-335 if service by mail, or FL-330 if you cause it to be served in person. If it’s a hassle to prepare that stuff you can hire a lawyer on a limited scope to prepare the pleading for you, but not appear in court. Doing so is way cheaper than hiring a lawyer to appear.