How do we arrange support, parenting and the home while the case is going on?

Why interim arrangements matter

A contested family case can take many months to reach a final order. Children still need a school-night routine, bills still need paying, and someone still needs to be in the house. Interim arrangements answer those questions for now, without deciding the final terms of support, parenting or property.

Courts and experienced counsel take interim arrangements seriously precisely because they tend to stick. A schedule the children have lived under for a year, or a support amount that has been paid without incident, becomes hard to argue against later, so it is worth getting these terms right rather than treating them as throwaway.

Working it out by agreement

Most interim arrangements are agreed, not ordered. Lawyers exchange letters or draft a short interim agreement covering who lives where, a parenting schedule, and a support figure based on the Child Support Guidelines table amount and any spousal support that seems clearly owing. This can happen before a court case is even started.

An interim agreement does not need to resolve everything, and it should say plainly that it is without prejudice to a final settlement. Its job is to remove the pressure of an unanswered question while the rest of the case proceeds.

Asking a judge: the motion for interim relief

If you cannot agree, either of you can bring a motion asking a judge to order interim relief — temporary support, a parenting schedule, or exclusive possession of the matrimonial home — while the case continues. The Family Law Rules require a sworn financial statement and supporting affidavit evidence, and the other side has a chance to respond before a judge decides.

A motion is not a trial. The judge is deciding what should happen now, on the evidence available, not making findings that bind the final result. Interim decisions can be revisited at a later conference or the trial itself if circumstances change.

Support while the case is pending

Interim child support is normally the Federal Child Support Guidelines table amount for the payor's income and the number of children, plus a share of section 7 expenses. Interim spousal support looks at need and ability to pay using the same information a final order would use, though with less time to develop it fully.

Support does not wait for the case to finish. A parent's obligation to contribute to a child's needs exists regardless of the litigation timeline, and delay in bringing a claim can still result in a retroactive award once the numbers are worked out.

Who stays in the home

Both spouses keep an equal right to possession of a matrimonial home under the Family Law Act until a court orders otherwise. A judge can grant one spouse exclusive possession on an interim basis, considering the children's best interests, each spouse's financial circumstances, and any history of violence — but neither of you can simply lock the other out.

Where safety is not an issue, many couples agree that one spouse stays while the home is later sold or bought out as part of the final settlement, with the arrangement recorded so it is not mistaken for a permanent decision.