Q: How long will it take for me to received child and spouse support after I request a court order?
I filed for divorce 2 months ago. There’s a custody hearing next month (that my ex requested) but I have not received support or requested an order for it. I’m going to file for it now but wanted to know, how long will it take for me to receive any temporary support while divorce is pending ? Since it’s already been 2 months that divorce was filed, can I request an emergency order? I don’t know if this would matter, but he is also my sponsor for when I got my green card. Please help me understand. Thanks
A:
When you file for child or spousal support in California, the time it takes to receive temporary support depends on how soon a court hearing is scheduled. After you file your request, the court typically sets a hearing within a few weeks to a few months. The process may be quicker if there are available court dates, but it also depends on your county's caseload.
You may request an emergency order, called an "ex parte" request, if you're in immediate financial need. These orders are granted only under urgent circumstances, such as if you're unable to cover basic living expenses. You would need to explain the urgency in your filing for the court to consider it.
Since it's already been two months since your divorce filing, this might strengthen your case for a temporary support order. Keep in mind that your ex being your sponsor for your green card could play a role in your financial relationship, but the court will primarily focus on your current financial situation and your children’s needs.
A: If you don't have a court order for support, you won't get support. Once you get your court order for support, you should obtain an "Income Withholding Order" and then serve that on the supporting parent's employer. It may take a couple months to process before support actually kicks in. Sounds like you have not filed any motion with the court to obtain support orders yet. When you respond to his motion regarding custody, you should include a request for support. Otherwise, you will need to file your own motion to get court orders for spousal and child support. Don't waste your time with an application for emergency orders (aka Ex Parte) - it won't be granted.
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