Pendente Lite Child Support

[frustrated22]

Is it possible that someone could receive a pendente lite child support increase if they are already receiving child support from an already existing order. Secondly if there is a complaint already filed in the court already awaiting a trial date for custody issues that have an existing order are the courts able to entertain a counter-complaint before the initial complaint is dealt with?

 

[seniorjudge]

Q: Is it possible that someone could receive a pendente lite child support increase if they are already receiving child support from an already existing order.

A: It's possible. Is it probable? I don't know.


Q: Secondly if there is a complaint already filed in the court already awaiting a trial date for custody issues that have an existing order are the courts able to entertain a counter-complaint before the initial complaint is dealt with?

A: If you don't file your counterclaim within the time allowed by the law, then you have waived it.

 

[Duranie]

The only way you can receive a child support increase is if the NCP has had an income increase, and generally you can only apply for one every 2-3 years.

 

[frustrated22]

I filed my complaint first and the other party filed a counter complaint for increase in child support. There is already an order in place for child support and custody. The other party wants to have the counter complaint of increase in child support discussed prior to my complaint being resolved or addressed during a pre-trial conference. I wanted to know if judges resolve a counter-complaint prior to resolution of the first complaint? How does a judge decide on increasing child support in a counter-complaint if the party asking for child support is already being paid by a court order that is already existing?