Temporary Child and Spouse Support While Divorce is Pending – California SF

Hi, I’m in California and filed for divorce two months ago. I asked my attorney to request temporary support before the divorce process starts. She filed for divorce, and I thought we’d get temporary support at some point.

A couple of weeks later, my ex filed a court order for custody, and we have a hearing next month. Our attorneys are trying to come to an agreement on custody, but we’re stuck on the financial support. Now my attorney says we’ll have to request an order for temporary support, which could take a while.

I’m feeling really anxious that custody might be resolved without any financial support coming through. How long does it usually take to get temporary support? Do we need a separate hearing for that? Will we need to go to the custody hearing next month and then another for support? Has anyone been through something similar? I have full custody of the kids right now, and their father has pretty much disappeared. I’m looking for a job, but this whole process is already overwhelming.

It took 9 months for spousal support and 3 months for child support. Good luck.

So custody moves fast, but not support? What’s the point of a temporary order if it takes so long to get?

You need to file a request and have a hearing to get a support order. In San Francisco, the hearing will likely be 45-60 days after you file the request. The judge can make the support payments retroactive to when you filed, but that’s up to them.

Thanks. Do you know if I Would I be able to request an emergency order for the support?

Probably not. They don’t care that you can’t support yourself during the divorce.

From where I am standaing…Most likely not.