How to make an uncooperative spouse pay temporary alimony and child support pending a divorce
My name is Curt Runger and I’m an attorney in Memphis, Tennessee and I help my clients navigate through the oftentimes difficult and stressful divorce process by protecting what’s most important to them: their minor children and their assets. One issue that commonly comes up in contested divorces occurs when you have an economically disadvantaged spouse, and a spouse who makes significantly more money, and it’s unfortunate that this happens but it happens actually more commonly than you would think. But, the economically advantaged spouse essentially falls the economically disadvantaged spouse hostage by taking the position that, hey, I’m going to cut you off. I’m not going to give you any money for your living expenses, I’m not going to give you any sort of child support. And when people who are being treated this way and come to our office. They’re oftentimes very concerned and stressed out about how they are going to get their spouse to pay child support, so that they can live so that they can pay their bills. And what we do in this situation is, we actually have to file a motion in court to establish temporary child support, and temporary alimony pending the actual divorce proceeding that motion is referred to as a motion for pendant mighty support. And when we file this motion. It actually is referred to the divorce referee. The divorce referee is an attorney who is licensed in Tennessee and the divorce referees preside over these hearings for temporary child support and temporary alimony. The divorce referee is not the actual judge he will preside over your divorce trial. In the event that your case does require a full blown trial, but essentially what happens is at the hearing for temporary support you and your spouse, have will have to testify and in advance of the hearing, you and your spouse, both actually fill out what’s called affidavits of income and expenses in those affidavits are setting forth, how much money you’ve got coming in and what your expenses are those documents are presented to the divorce referee the hearing and then at the end of the hearing the divorce referee will make a determination as to how much support should be awarded with a shot sport, or whether that’s alimony and the order that goes into place will be in place pending the actual divorce trial in certain circumstances you can also recover your attorneys fees. As part of this proceeding. But that just depends. It’s kind of like a case by case basis, but that is essentially the process for how we get an uncooperative spouse to pay temporary Child Support alimony pending a divorce trial. Should you have any other questions about this process, please give me a call.
If you have any further questions do not hesitate to call Curt or his team at Douglass & Runger, PLLC at (901) 388-5805 relating to other questions you may have about the will divorce process.