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  1. #1
    Join Date
    May 2011
    Location
    upstate, NY
    Posts
    74

    Default Do Temporary Orders Expire in a Divorce Case

    My question involves a marriage in the state of: NY

    I am awaiting for a response back from my wife's attorney that takes off every other month and is dragging his feet for some unknown reason or strategy.

    I am under a temporary order to pay support and I know its higher than it should be, but its been over a year now and I don't see an end in sight to a resolution regarding the equitable distribution so my question is pertaining to the anticipated lengthy fight.

    How can I get the courts to address the incorrect calculated amount of child support if this divorce BS drags out for 2 more years?

    My attorney tells me that I will get a credit towards my financial award in the final hearing of the divorce for over payments of a wrongfully calculated child support amount. Is this correct?

    I kind of get the feeling I'm on the end of a hook here getting nibbled on or swinging away at a pinata.....

    Should I just sit back and enjoy this lull in the storm or pursue a different venue?

  2. #2
    Join Date
    Sep 2005
    Location
    California
    Posts
    64,883

    Default Re: Do Temporary Orders Expire in a Divorce Case

    Read the order. Odds are it states that it remains in effect until further order of the court. It's not uncommon for courts to revisit a temporary support order when issuing a final order, and to issue a credit if it is due.

    If you want a divorce, your "venue" is divorce court.

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