Interim Child Custody & Support

While the divorce is pending, if the parties cannot agree, the Court will establish Interim Custody, Time-Sharing and Child Support.  A motion must be filed for these purposes.  If an there is an Interim Division of Income and Expense, the monthly transfer is adjusted upward depending upon the number of children to the marriage.  If there has been no Interim Division of Income and Expense, the Court will enter an Interim Child Support Order to insure the care of the children.  The filing for Interim Child Support will sometimes trigger a Response with a Motion for Interim Division of Income and Expense depending upon the financial situation of the parties.

If the parties cannot agree on custody and time-sharing, the Court will address this on an interim basis as well.  The basis for the decision will be based on the same factors that go into permanent time-sharing.  The Court’s goal is to achieve the best interests of the children.  What is best for the children is often at the heart to the debate between the parents.  This determination can become quite heated when the parties have vastly different views of the best interests of their children.

Albuquerque Personal Injury Attorneys