[F]red Campos, @FullCustodyDad on Twitter, discusses what is a temporary order and elements to prepare for it and four different ways child support is calculated in the United States.
What Exactly are Temporary Orders
Houston attorney, Bryan Fagan defines it best… “A temporary orders hearing is often like a mini-trial or a preview of what the final trial will look like. The attorneys present arguments, examine witnesses, and present evidence before the judge. This gives the Judge an idea of the temporary issues at hand that need to be decided. These Orders are temporary and generally designed to maintain the parties’ status quo until the case is finalized. However, tactical advantages can be gained during this stage with respect to final child custody or property division. You can also see in what direction a Judge is leaning on the particular issues in the case.” I highly recommend his post titled, “The Divorce Temporary Orders Guide”.
Temporary Orders Can Determine…
- The Payment of Temporary Alimony
- The Payment of Temporary Child Support
- Temporary Residency Restriction of the Children
- Temporary Medical Support
- Temporary Visitation Schedule by Both Parents
- Which Spouse Pays What Debt during the Divorce Proceedings
- Temporary Exclusive use of which Vehicles
- Temporary Household Payments
- Temporary Payments of Insurances
Steps and Exhibits for Aid in a Temporary Orders Hearing:
- Write a history of your marital relationship with your spouse. This history should contain dates and facts supporting your claim for custody.
- Make a list of all the reasons why you are best for custody, with supporting facts and dates.
- Make a list of all the reasons why your spouse should not be appointed custodian of the child, with supporting facts and dates.
- Make a list of all witnesses you will need at the temporary hearing, names, addresses, telephone numbers, and a brief summary of what they know. Also, determine if they need a subpoena.
- Fill out the financial information statement on your income and living expenses.
- Make an appointment with your attorney to discuss strategy if possible 7 days prior to the hearing date.
- Develop a plan to manage the child now—from day to day, while you are employed.
Resources & Links
- Treat Your Temporary Hearing Like a Final
- The Divorce Temporary Order Guide by Bryan Fagan
- Getting Ready for a Hearing on Temporary Custody Orders by Bryan Fagan
- Top 10 Tips for Temporary Order Hearing by Carson Steinbauer
- It Cost $233,610 to Raise a Child by Kathryn Vasel
- Five Ways to Present Evidence in Court
- Advice on Custody Depositions
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