# Can I get money for my kids while my divorce is still going through?

- Jurisdiction: Canada
- Practice area: Family Law
- Published: 2026-11-04
- Last updated: 2026-11-04
- Canonical: https://lawasked.com/ca/family-law/can-i-get-money-my-kids-while-my

## Question

I am currently going through a separation in Canada and things have become quite difficult financially. My husband and I officially separated back in January, and we filed our initial paperwork for divorce about three months ago. Since we moved into separate residences, he has stopped contributing to our daily household expenses and has not been sending any money for our two young children. I am currently struggling to cover the cost of their groceries, school supplies, and extracurricular activities on my single income. I have tried talking to him about a regular pay cheque for the kids, but he refuses to commit to a specific amount and says he wants to wait until the entire divorce is finalised before discussing any money. I cannot afford to wait another year for a final decision from the court because our bills are piling up right now. I need to know if there is a way to get a temporary order from the judge that forces him to start paying for the children's needs immediately, even while we are still waiting for the main divorce case to be resolved and the final settlement to be reached.

## Summary

Yes, you can apply for temporary financial support for your children while your divorce is still being processed. The court has the power to issue an interim order to ensure your children's needs are met immediately.

## Analysis

Under the Divorce Act, you do not have to wait for your entire divorce to be finalized to receive money for your children. Because you are struggling with costs for groceries and school supplies, you can apply for what is known as an interim order. An interim order is a temporary legal decision made by a judge that stays in place until the final divorce settlement is reached [1].

Specifically, the law states that "Where an application is made under subsection (1), the court may, on application by either or both spouses, make an interim order requiring a spouse to pay for the support of any or all children of the marriage, pending the determination of the application under subsection (1)" [1]. This means that since you have already filed your initial paperwork, you can ask the court to step in and require your husband to start paying for the children's needs right away, rather than waiting a year for a final decision.

When the judge decides on this amount, they must follow specific rules called "guidelines" [1]. These guidelines are standard formulas used to ensure support is fair and based on the parents' incomes and the children's needs [3]. 

It is important to note that the court's primary focus is the children. If you were also seeking money for yourself (spousal support), the law requires the court to "give priority to child support" [2]. This ensures that the children's financial requirements are addressed before any other financial arrangements between you and your husband.

State, provincial, or local laws may add further rules regarding the specific process for filing these applications in your area.

## Statutory citations

- Divorce Act, R.S.C., 1985, c. 3 (2nd Supp.), s. 15.1 - Child support order [in force] (https://laws-lois.justice.gc.ca/eng/acts/D-3.4/index.html#s-15.1)
  > Where an application is made under subsection (1), the court may, on application by either or both spouses, make an interim order requiring a spouse to pay for the support of any or all children of the marriage, pending the determination of the application under subsection (1)
- Divorce Act, R.S.C., 1985, c. 3 (2nd Supp.), s. 15.3 - Priority to child support [in force] (https://laws-lois.justice.gc.ca/eng/acts/D-3.4/index.html#s-15.3)
  > Where a court is considering an application for a child support order and an application for a spousal support order, the court shall give priority to child support in determining the applications.
- Divorce Act, R.S.C., 1985, c. 3 (2nd Supp.), s. 26.1 - Guidelines [in force] (https://laws-lois.justice.gc.ca/eng/acts/D-3.4/index.html#s-26.1)
  > The guidelines shall be based on the principle that spouses have a joint financial obligation to maintain the children of the marriage in accordance with their relative abilities to contribute

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