One issue that often arises in contested divorces is when one spouse is economically disadvantaged while the other earns significantly more. Unfortunately, it’s not uncommon for the higher-earning spouse to try to control the situation financially by withholding funds for living expenses or child support. This can be incredibly stressful for the lower-earning spouse, who may be unsure how to make ends meet during the divorce process.
If you’re in this situation, one of the first things we do is file a motion in court to establish temporary child support and alimony while the divorce is pending. This motion is called a Motion for Pendente Lite Support. It allows the court to step in and ensure financial support is provided during the divorce proceedings.
Once the motion is filed, your case will be referred to a Divorce Referee. A Divorce Referee is an attorney licensed in Tennessee who presides over hearings for temporary child support and alimony. The Divorce Referee is not the judge who will handle the final divorce trial but will make important decisions about temporary financial support.
Before the hearing, you and your spouse must fill out Affidavits of Income and Expenses. These documents detail your income, expenses, and financial situation. You and your spouse will testify at the hearing, and the Divorce Referee will review the affidavits to determine a fair amount of temporary child support or alimony.
After the hearing, the Divorce Referee will issue an order outlining the amount of temporary child support and/or alimony to be paid. This order remains in place until the final divorce trial. In some cases, you may also be able to recover your attorney’s fees as part of this process, but this varies on a case-by-case basis.
This process aims to ensure you receive the financial support you need while your divorce case progresses. If you’re facing this situation or have questions about temporary support during a divorce, please give me a call.
Other factors to consider:
- Do you know where your spouse is?
- Do you both mutually agree to the divorce or not?
- What happens to my joint marital residence in a divorce?
- How quickly can I get a divorce in Tennessee?
- What about visitation and parental rights?
