How to determine interim support while awaiting trial

North Carolina Divorce Law Divorce and Separation Answers
1

Hello.

It takes at least a few months to possibly a year after filing a motion to modify before the case is heard in court. For the sake of discussion, lets say it take 10 months and assume I’m the party who will be awarded support. How does the court determine what I should have been paid during those 10 months? Does the court use the amount from the trial date going forward and just multiple that by 10 months to determine arrears? Or do they come up with some interim amount for the 10 months?

I’m considering a short panel of monthly calculations for the interim as the basis for requesting arrears for the 10 months. Or is there some other more frequent and commonly accepted methodology?

Thanks,
Sidetracked

2

It depends on the figures produced at the hearing. If incomes and expenses have been the same, then the judge will likely put the same obligation in place from the date of filing. If things have changed, the judge may assign different amounts for different months.