Are Temporary Child And Spousal Support Orders Appealable

Child Support and Spousal Support Orders Made Before The Divorce Is Final Must Be Appealed Straight Away

Not only are orders making or denying temporary child or spousal support requests, or modifications of such order directly appealable, they must be appealed before the final judgment of divorce. After a divorce petition is filed a party can seek a court order of temporary spousal support, temporary child support or both.

Orders granting or denying temporary support or modifying the amounts of support are held to be immediately appealable even though they are not final judgments under the “collateral order” doctrine.

Failure to appeal a collateral order ends the Appellate Court’s jurisdiction to hear a subsequent appeal after entry of judgment. [C.C.P. § 906.] Failure to file a timely appeal of an order for support results in a waiver of the right to later appeal the temporaryorder. [Marriage of Padilla (1995) 38 Cal.App.4th 1212, 1215-1216, 45 Cal.Rptr.2555.]


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