Does my husband have to pay child support prior to the divorce being final? 1 Answers as of July 19, 2011My husband states he only pays what he can because he's nice and not because he has to. We've already turned in our paperwork and stated what amount he would pay, we are just waiting for our final hearing date later this month. The kids live with me and see him maybe 5 days out of the month. He is Army and I do not have a job. He has never paid what we agreed to in full nor does he pay it half the time at all. Does he legally have to pay or am I just screwed until our final hearing?
John E. Kirchner, Attorney at Law | John Kirchner
Both Colorado and the Army expect your husband to adequately support his dependent family. Determining what that means in dollars or how to enforce it is a more difficult question. You seem to suggest there is a divorce case in progress, so if that is true the Court can conduct a temporary orders hearing to fix a child support amount, and possibly a temporary alimony amount, pending completion of the divorce. That should have been done at the beginning of the case. You can contact your husband's commander because Army Regulations require him to be at least providing support in the amount of his BAH unless there is a court order for a different amount. The simple answer is that he is obligated to provide financial support, but until there is a court order (or an order from his commander) there is little you can do about it if just does nothing.
Answer Applies to: Colorado