Interim Order for Child Support

An interim order is temporary. It is in effect until a final decision is made at trial. Section 15.1(2) of the Divorce Act is the legislation for married couples that have separated to ask the court to make this type of temporary order.

Most often, judges decide temporary support orders on a motion. On a motion, parties present evidence through Affidavits. Depending on the parent’s evidence in these affidavits, the courts can determine which parent(s) pays child support and the amount that will be paid temporarily. The resulting child support order is based on “rough justice”. This is because it is decided on a motion, and the court does not have the full record before it.

However, not all temporary orders are meant to carry the parties to trial. A court has the ability to make an “interim-interim” order on child support, only meant to get the parties to the next step in court (and not all the way to a trial).

Once the parties are at a trial, they can give fulsome, oral evidence. This is done through direct and cross examination. It is only then that a judge make a final child support order. At a trial, a court can also change to temporary award retroactively, once the fulsome oral evidence has been tendered.

If you have questions about interim or temporary child support, contact our lawyers at Krol & Krol at 905.707.3370.