QUESTION
Will my husband get child support and custody if he files for child support before I do?
Asked on May 01st, 2013 on Family Law - Colorado
More details to this question:
My husband and I have recently separated. We are still in-between deciding whether or not this is a permanent decision. If it is, I am afraid that he will file for child support before I do and will be able to set temporary custody. I work and go to school and have no criminal record. I am currently living with my sister but am looking for a place of my own.
5 ANSWERS
Filing first does not provide any substantive benefits to the party who files. By filing first, your husband will need to pay the court filing fee. He will need to have the papers served on you (given to you). You will have the opportunity to respond the the relief that your husband has requested. You then can negotiate a settlement; attend mediation to settle the issues; or schedule a hearing with the court to submit the disputed issues to the judge for resolution at a trial. A bigger factor in determining temporary custody would be which parent has been caring for the child(ren). You mentioned that you were living with a sister while working and attending school. If you have physical custody of the child or children, it is likely that the court would allow you to keep temporary custody. Another factor would be what type of parenting arrangement you have been following with your husband. If you are sharing time with the child, and if there have not been problems, the court is more likely to order that arrangement to continue on a temporary basis.
Answered on May 03rd, 2013 at 12:40 PM
Arthur Bowman
Your fear is well founded. A party can gain a strategic advantage by filing first, and asking for an "Ex-Parte" Order regarding custody and child support at the very beginning of the case.? Ex-Parte means only one party is present asking the court for a temporary Order, as opposed to a hearing where both parties are present to argue the terms of an Order, before the Court decides the terms of an Order. An Ex-Parte Order is a temporary Order of the Court, and therefore must be followed and complied with unless and until there is a further, subsequent Order. To get an Ex-Parte Order changed, the other side has to file a written objection and there is a hearing, where both sides are present and the court decides. Another argument in favor of early filing is, you can always withdraw the pleading at any time up to a final court hearing, if there is reconciliation. The down side to that strategy is the filing party generally have to absorb filing and other expenses. An argument for waiting is that filing generally inflames the situation and may make what was reconcilable, irreconcilable.
Answered on May 03rd, 2013 at 12:40 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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Child support is based on the time the child spends with each parent and the incomes of each parent. Even if he files for it, he may not get it.
Answered on May 03rd, 2013 at 12:39 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Child support will be paid to the party with the child most of the time normally. You should at least speak with an attorney so you know your rights. The award of child support in not determined by who is first to file normally, in fact it is generally not a determining factor at all.
Answered on May 03rd, 2013 at 12:39 PM
Child Custody Attorney serving Denver, CO
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Sturniolo & Associates
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It does not matter who files first. The court still has to look at all of the evidence from both parties about the best interest of the children and the income of both parties. You will need to prove you have a stable home for the children.
Answered on May 03rd, 2013 at 12:38 PM