After a divorce action has been commenced, the spouses may need the
intervention of the Court to decide immediate, short-term issues such as occupancy of
the house, custody of children, payment of money for child support and spousal
maintenance, etc. The Court decides these immediate issues at a court hearing known
as a temporary hearing or preliminary hearing. The hearing is usually scheduled by one
spouse serving and filing a written Motion which specifies the temporary relief being
requested. The Motion is generally supported by written Affidavits and Financial
Statements to provide the Court with information about all the circumstances, especially
financial, existing at the time. The Financial Statement, sometimes referred to as an
Application for Relief, may be a form specified by state law or rules of the court. The
form requires a party to specify monthly income, living expenses, and other available
information about assets and debts. Please see specific state for details and/or
differences.
ALABAMA
| ALASKA | ARIZONA | ARKANSAS
| CALIFORNIA | COLORADO
| CONNECTICUT | DELAWARE
| FLORIDA
GEORGIA | HAWAII | IDAHO
| ILLINOIS | INDIANA | IOWA
| KANSAS | KENTUCKY | LOUISIANA
| MAINE | MARYLAND
MASSACHUSETTS | MICHIGAN
| MINNESOTA | MISSISSIPPI
| MISSOURI | MONTANA | NEBRASKA
| NEVADA
NEW HAMPSHIRE | NEW
JERSEY | NEW MEXICO | NEW
YORK | NORTH CAROLINA | NORTH
DAKOTA | OHIO
OKLAHOMA | OREGON | PENNSYLVANIA
| RHODE ISLAND | SOUTH
CAROLINA | SOUTH DAKOTA | TENNESSEE
TEXAS | UTAH | VERMONT
| VIRGINIA | WASHINGTON
| WEST VIRGINIA | WISCONSIN
| WYOMING
ALABAMA
Pending an action for divorce, the court may make an allowance for either spouse
out of the property of the other spouse, considering the property and lifestyle of the
parties, for a period of time not longer than necessary for the completion of the divorce
case.
Alabama Code 30-2-50.
While the divorce action is pending, the court may make such orders with respect
to the custody of the children as their safety and well-being may require. In cases of
abandonment of the husband by the wife, the husband shall be awarded the custody of
the children after they are seven years of age, if he is a suitable person to have custody.
Alabama Code 30-3-1.
ALASKA
At any time while a dissolution action is pending, a spouse may apply to the court
for an Order for Temporary Relief to cover: 1) attorney fees and costs; 2) reasonable
spousal maintenance; and 3) reasonable child support for children under age 18 and for
18 year old children who are actively pursuing a high school diploma or equivalent, or
vocational training and still living as a dependent as the applicant spouse. At any time
while the dissolution action is pending, a spouse may also apply to the court for
protective orders to: 1) provide for the freedom of each spouse from the control of the
other spouse; 2) restrain each spouse from subjecting the other to domestic violence; 3)
direct one spouse to vacate the marital residence; 4) restrain a spouse from direct
communication with the other spouse; 5) restrain a spouse from entering the vehicle in
the possession of the other spouse; and 6) prohibit a spouse from disposing of property
of either spouse without the permission of the other spouse or a court order. After a
temporary hearing, if both parties agree, the court may also order that the parties engage
in personal or family counseling or mediation.
AS 25.24.140.
ARIZONA
In all actions for dissolution of marriage, the Clerk of Court shall, pursuant to order
of the Arizona Superior Court, issue a “Preliminary Injunction” which informs both parties
that they are enjoined from transferring or otherwise disposing of any of the joint or
community property of the parties except in the usual course of business or for the
necessities of life, without the written consent of the parties or the permission of the
court. The Preliminary Injunction further informs both parties that they are enjoined from
harassing the other party or the children; and that they are enjoined from removing any
natural or adopted child of the parties, then residing in Arizona, from the
jurisdiction of the court, without the prior written consent of the parties or the permission of the court.
The Preliminary Injunction shall also include a warning, in language required by the
statute, that disobeying this court order may result in a finding of contempt of court or an
arrest and criminal prosecution.
After a dissolution action has been commenced, the spouses may need the
immediate intervention of the court to decide immediate issues such as occupancy of the
house, custody of children, payment of money for child support and spousal
maintenance, etc. Either party may move the court for an Order for Temporary Relief at
any time after the dissolution action has been commenced. A Motion for Temporary
Relief shall be accompanied by the party’s Affidavit setting forth the factual basis for the
Motion and the amounts requested for support and maintenance. A party may request
the court issue a Restraining Order to exclude a party from the family home upon a
showing that physical or emotional harm may otherwise result. The court may issue a
Temporary Restraining Order without requiring notice to the other party only if it finds, on
the basis of the moving affidavit or other evidence, that irreparable injury will result to the
moving party if no Order is issued until the time for responding has elapsed. The court
may also make temporary orders regarding the property of the parties, as may be
necessary under the circumstances. A Temporary Order terminates when the final
decree is entered or when the Petition for Dissolution is dismissed.
ARS §25-315.
ARKANSAS
At any time while a divorce action is pending, the Arkansas courts may award to
the wife or to the husband, a reasonable amount of maintenance, child support and a
reasonable amount for attorney fees. The court may immediately reduce the sums so
ordered to judgment and allow the party to execute upon the marital property for the
payment of the allowance, except that the homestead shall not be executed upon for the
payment of the ordered sum.
Ark. stat. Ann. 9-12-309.
CALIFORNIA
At any time while a proceeding for dissolution of marriage is pending, the
California court may order: 1) the husband or wife to pay any amount that is necessary
for the support of the wife or husband, or 2) either or both parents to pay any amount
necessary for the support of children. At any time during the Pendency of the action, the
court may make a Temporary Custody Order. California law also provides a procedure for
an Expedited Support Order which allows the court, without a hearing, to make an order
requiring a parent or parents to pay child support while an action is pending. An
expedited support order can be made by the court after the applicant files: 1) an
Application for Expedited Child Support Order; 2) an income and expense declaration in
the form required by the Family Law Rules; 3) a worksheet setting forth the basis of the
amount of support requested; and 4) a proposed expedited child support order. All
documents and blank copies of the Income and Expense Declaration form and blank
copies for a Response must be served on the other party to be obligated by the expedited
order. If there is no response to the application within 30 days, the expedited support
order as requested shall be effective on the obligated parent without a court hearing and
without further action by the court.
Cal. Fam. Code §3600 and §3620-3634.
Family Law Rules require specific forms for a motion for temporary relief and
supporting financial statements.
Family Law Rules 1285.10-1285.55.
COLORADO
In a Colorado proceeding for dissolution of marriage, either party may move the
court for temporary custody, temporary child support, temporary payment of debts, use
of property, temporary spousal maintenance, or payment of attorney fees. The motion
may be supported by an Affidavit setting forth the factual basis for the motion and the
amounts requested. The court may consider the alternative of temporary joint custody of
children in accordance with the best interest of the children. As a part of a motion for
temporary relief, or by an independent motion accompanied by supporting Affidavit,
either party may ask the court to issue a temporary injunction restraining any party from
transferring or disposing of assets, enjoining a party from molesting or disturbing the
peace of the other party or of any child, excluding a party from the family home upon a
showing that physical or emotional harm would otherwise result, and such other relief as
may be appropriate. The court may issue a temporary restraining order without requiring
notice to the other party only if it finds, on the basis of the supporting Affidavit or other
evidence, that irreparable injury would result in the moving party if no order were issued
until the time for responding had elapsed.
A temporary order does not prejudice the rights of the party or the child which are
to be determined at subsequent court hearings. A temporary order may be revoked or
modified prior to the final decree. A temporary order terminates when the final decree is
entered.
At the time a temporary restraining order is requested, the requesting party shall
have an independent duty to disclose all knowledge of the party and the party’s attorney
concerning the existence of any prior restraining orders of any court addressing, in full or
in part, the subject matter of the requested restraining order. CRSA §14-10-108.
CONNECTICUT
At any time after the return day of a Complaint for Dissolution of
Marriage, the
court may award temporary custody, child support, and alimony. In making an award for
temporary alimony, the court shall consider all factors enumerated in the statute
governing the final award of alimony, except the factor of fault. The court may also
award exclusive temporary use of the family home to either of the parties. At the time a
motion for temporary relief is filed, the moving party shall file a sworn statement of
current income, expenses, assets and liabilities, and other financial information. The
opposing party shall file a similar sworn statement at least three days before the date of
the hearing. The financial statement may be required to be a specific form required by
the chief court administrator.
C.G.S.A §46b-83 and §463, Superior Court Rules.
DELAWARE
Upon the filing of a Petition for Divorce, a preliminary injunction shall be issued
against both parties to the action, enjoining them from 1) transferring or, in any way,
disposing of any property except in the usual course of business or for the necessities of
life; 2) molesting or disturbing the peace of the other party; 3) removing any child then
residing in Delaware out of the jurisdiction of the court without the prior written consent of
the parties or the permission of the court; and 4) utilizing credit cards or otherwise
incurring any debt for which the other party may be liable except for necessities of life for
the benefit of the party or the children. The preliminary injunction shall be effective
against the Petitioner upon the filing of the Petition for Divorce and against the
Respondent upon service. Either party may file a motion to request temporary relief
including temporary alimony or child support, restraining the other party from transferring
or disposing of assets, enjoining the other party from harassment, excluding a party from
the family home, requiring a party to make available to his or her spouse designated
personal property, requiring payment of temporary attorney fees, and for temporary
custody and visitation provisions. The court may issue any of these orders without
requiring notice to the other party only if it finds on the basis of the moving party’s
Affidavit or other evidence that irreparable injury would result to the moving party if an
order were not issued until the time for responding has elapsed. 13 DCA §1509. FLORIDA
At any time after the action has been commenced by filing the Petition, either
party may ask the court for an award of custody, child support, alimony, or any other
matter which is required by the circumstances. In order to provide the court with current
financial information, both parties must prepare and file a Financial Affidavit in the form
required by the Rules of Civil Procedure. FSA §61.08, 61.13, and Rule 1.611, Rules of Civil Procedure. GEORGIA
At any time while an action for divorce is pending, either party may apply to the
court for an order for temporary child support, temporary alimony, temporary payment of
attorney fees, and such other temporary relief as may be appropriate under the
circumstances. The court may also hear and determine who shall be entitled to the care
and custody of the children until the final judgment is rendered. The court has discretion
to make temporary orders based upon the condition of the parties and the facts of the
case. The court shall consider the peculiar necessities created for each party by the
pending litigation and the evidence of any separate property owned by either party.
Temporary alimony may be refused if the separate property of the party seeking alimony
is adequate as compared with that of the other party. In fixing the amount of alimony,
the judge may inquire into the cause and circumstances of the separation rendering the
alimony necessary. The judge has the discretion to refuse temporary alimony.
GC §19-6-3 and 19-6-14.
Notice of the date of the temporary hearing shall be served upon the adverse
party at least five days before the date of the hearing unless otherwise ordered by the
court. At temporary hearings, the parties involved and one additional witness for each
side may give oral testimony. Additional witnesses must testify by deposition or affidavit,
unless otherwise ordered by the court. An affidavit shall be served on opposing counsel
at least 24 hours prior to the hearing. Except by leave of court, minor children shall not
be permitted to give oral testimony at temporary hearings. Both parties must submit
Affidavits specifying their financial circumstances. The Affidavits must be substantially
similar to the form provided in the court rules.
Rule 24, Uniform Superior Court Rules. HAWAII
After the filing of a Complaint for divorce or separation, the court may make such
orders while the Complaint is pending as the court may deem fair and reasonable under
all the circumstances. The court may issue temporary orders relative to the personal
liberty of either party, alimony and maintenance of either spouse, child support, and
reasonable amounts for attorney fees and expenses of litigation.
The court may issue restraining orders to prevent physical abuse, threats, or
harassment. Where necessary, the court may order either or both of the parties to leave
the marital residence during the period of the order. The court may also restrain a party
from contacting, threatening, or physically abusing the children or other relatives of the
spouse who may be residing with that spouse at the time of the granting of the order. A
knowing or intentional violation of a restraining order is a misdemeanor. For a first
conviction of violation of the restraining order, the violator shall serve a mandatory
minimum jail sentence of 48 hours. For the second and any subsequent conviction for
violation of the restraining order, a person shall serve a mandatory minimum jail
sentence of 30 days. The court may suspend any jail sentence, except for the
mandatory minimums, upon appropriate conditions. HRS §580-9 and 580-10. IDAHO
Idaho law provides that at any time while the divorce action is pending, the court
has discretion to order payment of temporary maintenance and temporary child support,
in amounts and on terms just and proper under the circumstances. After considering the
financial resources of both parties, the court may order a party to pay a reasonable
amount for temporary attorney fees and costs. The court may appoint an attorney to
represent the interests of a minor child on the issues of child support, custody, and
visitation. In that case, the court shall enter an order requiring either or both parents to
pay the attorney fees and costs for the child’s attorney. If both parties are indigent, the
attorney fees and costs for the child’s attorney shall be paid by the county in which the
action is pending. IC §32-704.
In all orders for temporary relief in divorce proceedings, the court, in its discretion,
may issue the orders based on the Affidavits and information in the court file. However,
any party may choose to produce testimony and evidence at the temporary hearing, or to
cross examine the adverse party, by first giving at least 24 hours’ notice to the court and
opposing attorney before the temporary hearing, of which requirement shall be stated in
the order to show cause.
Rule 6(c) (3) Idaho Rules of Civil Procedure. ILLINOIS
Illinois law allows either party to file a written motion with the court to request
temporary spousal maintenance, temporary child support, a temporary restraining order,
or other appropriate temporary relief. The motion shall be accompanied by Affidavits
stating the factual basis for the relief requested. The temporary restraining order may be
requested to: 1) restrain any person from transferring, or otherwise disposing of, any
property except in the usual course of business or for the necessities of life; 2) enjoin a
party from removing a child from the jurisdiction of the court; 3) enjoin a party from
interfering with the personal liberty of the other party or of any child, or 4) provide any
other injunctive relief proper in the circumstances. The court may issue a temporary
restraining order without requiring notice to the other party only if it finds, on the basis of
the moving Affidavit or other evidence, that irreparable injury will result to the moving
party if no order is issued until the time for responding has elapsed. A response to a
Motion for Temporary Relief may be filed within 21 days after service of notice of the
motion or within the time specified by the court in the temporary restraining order.
750 ILCS 5/501. INDIANA
While a dissolution action is pending, either party may make a motion for
temporary maintenance, temporary support, temporary custody, possession of property,
or counseling. The motion shall be accompanied by an Affidavit setting forth the factual
basis for the motion and the amounts requested or other relief sought. Either party may
also request a temporary restraining order to restrain any person from transferring or
disposing of any property, enjoining any party from harassing the other party, excluding
either party from the family dwelling, or granting temporary possession of property to
either party. A temporary restraining order may be issued if the court finds, on the basis
of the moving party’s affidavit, that injury would result to the moving party if no order
were issued. The court may require the parties to seek counseling for themselves or for
a child of the parties.
AIC §31-1-11.5-7. IOWA
Iowa law provides that the court may order either party to pay to the clerk a sum
of money for the separate support and maintenance of the other party and the children
and additional money to enable such party to prosecute or defend the action. The court
may also determine the temporary custody of any minor child. The court may appoint an
attorney to represent the interests of the minor child. The appointed attorney is
empowered to make independent investigations on matters pertinent to the interests of
the children. Both parties are required to disclose their financial status. Both parties
must file a statement of net worth set forth by affidavit on a form furnished without
charge by the Clerk of District Court. However, the parties may waive this requirement
upon application of both parties and approval by the court. In making temporary orders,
the court takes into consideration all relevant circumstances of the parties which may be
shown by affidavits. The temporary hearing is limited to matters set forth in the
Application for Temporary Relief, the affidavits of the parties, and the financial
statements.
ICA Section 598.11 to 598.14. KANSAS
After a Petition for Divorce has been filed, the judge assigned to hear the action
may make temporary orders which: 1) jointly restrain the parties from disposing of
property and provide for the use and occupancy and control of property; 2) restrain the
parties from molesting or interfering with the privacy or rights of each other; 3) provide for
temporary custody and support of minor children; 4) provide for temporary support of
either party; 5) order temporary attorney fees and costs, to ensure that either party be
able to prepare for the trial of the case; or 6) require an investigation by court service
officers into any issue involved in the action.
KSA §60-1607. KENTUCKY
Either party may request the Circuit Court issue a Temporary Order for
maintenance, child support, or any other issue required by the circumstances. The
motion shall be accompanied by an Affidavit setting forth the factual basis for the motion
and the amounts of maintenance and support requested. The motion shall be
accompanied by an Affidavit stating the information required to calculate the combined
adjusted parental gross income, described in the child support guidelines at
K.R.S. §403.212(2)(f). Within 14 days from the filing of a motion for temporary child support,
the court shall order an amount of temporary child support based upon the child support
guidelines. The order to support shall be retroactive to the date of the filing of the motion
unless otherwise ordered by the court.
Upon a showing of good cause, either party may move the court to enter an order
for temporary child support without written or oral notice to the other party. After
reviewing the Affidavits submitted in support of the motion, the court may issue a
temporary child support order based upon the child support guidelines. The order shall
provide that the order becomes effective seven days after service of the order unless the
other party, within the seven day period, files a motion for a hearing before the court.
That motion shall be accompanied by the financial affidavit stating income and expenses
required by the child support guideline statute. Pending the court hearing, the other
party shall pay child support in an amount based upon the guidelines.
As temporary relief, either party may request the court issue a temporary
injunction or restraining order pursuant to the Kentucky Rules of Civil Procedure. The
court may issue a temporary injunction and an order for temporary maintenance in
amounts and on terms just and proper in the circumstances.
A temporary order or temporary injunction does not prejudice the rights of the
parties or the child which are to be adjudicated at subsequent court hearings, may be
revoked or modified at any time, and terminates when the final dissolution decree is
entered.
K.R.S. §403.160. LOUISIANA
Louisiana law provides that the court may order either or both of the parents to
pay temporary child support, based on the needs of the child and the ability of the
parents to provide support. The court may award temporary child support only when a
demand for final support is pending. The amount of temporary child support, as well as
the amount of final support, must be calculated pursuant to the Louisiana Child Support
Guidelines. Both parties must provide the court with full details regarding their present
financial circumstances, by filing with the clerk and serving on the other party a Financial
Affidavit in the form which may be required by the particular District Court in the parish in
which the action is pending. The court may also make temporary orders for custody,
visitation, alimony, and use of the family home or other personal property. With respect
to temporary alimony, the court considers whether a spouse has sufficient income to
maintain that spouse while the suit for divorce is pending. The judge may award
temporary alimony to the claimant spouse in an amount necessary for that spouse’s
support and maintenance, in proportion to the needs of the claimant spouse and the
ability to pay of the other spouse. The court may also provide such injunctive relief as
may be necessary to restrain either or both parties from harassing the other or the
children of the parties, from disposing or dissipating any assets while the action is
pending, or such other temporary relief as may be appropriate.
CC Art. 105, 111, 131, and 141; RS 9:315 and 9:372.
The Louisiana court may grant an ex parte order requiring the Sheriff or
appropriate law enforcement officer to accompany a spouse to the family residence to
obtain personal property specified in a court order. The court may issue an injunction
restraining or prohibiting the disposition of community property until further order of the
court, prohibiting a spouse from harassing or abusing the other spouse or a child, and
ordering payment of temporary attorney fees and costs. RS 9:371-375. MAINE
At any time while a divorce action is pending, the court may issue temporary
orders requiring either spouse to pay child support, alimony or attorney fees and costs to
the other spouse. On a temporary basis, the court may enter an order for the parental
rights and responsibilities for the minor children (custody). Whenever custody is an issue
in a divorce case in Maine, the court shall refer the parties to remediation, and the parties
are required to make a good faith effort to mediate the issues before proceeding with
any court hearing. However, the court may hear motions for temporary relief, if the party
requesting the temporary order has shown good cause. Upon motions supported by
affidavit, the court may, for extraordinary causes, waive the mediation requirement.
19 MRSA §693 and 752(4).
If temporary child support is an issue, the parties shall exchange and file
affidavits of income and assets and child support worksheets, on forms required by order
of the Supreme Judicial Court.
Rule 80(c), Maine Rules of Civil Procedure.
At the time of commencing an action for divorce, without need for a court hearing
or support by affidavit, the Clerk of the Court shall issue a preliminary injunction which
may be obtained from the clerk and filled out by the Plaintiff’s attorney. The preliminary
injunction must be served, along with the Summons and Complaint, on the Defendant.
The preliminary injunction is directed to each party and contains orders: 1) that each
party is enjoined from transferring, selling or otherwise disposing of any property except
in the usual course of business or for the necessities of life, without the written consent
of the parties or the permission of the court; 2) that each party is enjoined from imposing
any restraint on the liberty of the other party or any child; and 3) that each party is
enjoined from removing the other party or any child from any policy of health insurance
that provides for the other party or the child. The preliminary injunction must also include
a statement, warning the parties that the preliminary injunction constitutes an official
court order and disobeying the order could result in a finding of contempt of court.
19 MRSA §691-A. MARYLAND
Either party may ask the Maryland court for an order of temporary child support
and alimony. Unless the court finds from the evidence that the amount of the award will
produce an inequitable result, the court shall award child support from the time of filing
the Complaint. The court shall use the Child Support Guidelines to determine the
amount of temporary child support. There is a rebuttable presumption that the amount of
child support which would result from the application of the guidelines is the correct
amount of child support to be awarded on a temporary, as well as, a permanent basis.
ACM §12-101, and 12-202.
The court may also award temporary alimony to either party. However, the court
may not award temporary alimony to the spouse of a resident in an institution in those
cases where a Defendant is institutionalized and that is the ground being used for the
divorce. In making an award of temporary alimony, the court is given considerable
discretion and relies upon the same factors as it would use in making a final alimony
award in the decree.
ACM §11-101, 11-102, and 11-106. MASSACHUSETTS
At any time while a divorce action is pending, the court may issue temporary
orders providing for the care and custody of children, as the court considers expedient
and for the benefit of the children. The court may require either party to pay into court
for the use of the other party an amount to enable the party to maintain or defend the
divorce action. The court may order either party to pay temporary alimony. If the court
makes an order for temporary alimony on behalf of a party, and such party is not a
member of a private group health insurance plan, the court shall include in the order for
temporary alimony a provision relating to health insurance coverage for that spouse.
Included in the order shall be a requirement that the obligor maintain coverage for the
other spouse, obtain coverage for the spouse, or reimburse the spouse for the cost of
health insurance. Upon petition by either party, the court may issue a temporary
restraining order to protect either party or their children. While a divorce action is
pending, the court may make temporary orders for the care and support of minor
children. The court may include in a temporary order a provision that either party shall
vacate the marital home for a period of time not exceeding 90 days if the court finds,
after a hearing, that the health, safety, or welfare of the moving party or any minor
children would be endangered or substantially impaired by failure to enter such an order.
The opposing party shall be given at least three days´ notice of such a hearing and may
appear and be heard either in person or by his attorney. If the moving party
demonstrates a substantial likelihood of immediate danger to his or her health, safety, or
welfare, or to that of any minor children, the court may enter a temporary order without
notice and shall immediately notify the opposing party and give him or her an opportunity
to be heard as soon as possible but not later than five days after the temporary
restraining order is entered.
ALM 208 §17-19, 28A, and 34B; and Rule 65, Massachusetts Domestic Relations
Procedure Rules. MICHIGAN
After the filing of a Complaint for a divorce, the Michigan court may enter such
orders concerning the care, custody, and support of the minor children during the
Pendency of the action as the court considers proper and necessary. The amount of
temporary support ordered by the court shall be the amount determined by application of
the child support formula. The court may deviate from the formula amount only if the
court determines that application of the formula would be unjust or inappropriate in the
particular case. The court must set forth, in writing or on the record, facts and reasoning
to support a deviation from the formula.
MCLA §552.15.
The court may award temporary alimony to either party, based upon what is just
and reasonable after considering all relevant circumstances. The court may also make
such orders as are necessary to conserve the property owned by the parties.
MCLA §552.13.
At any time while the divorce action is pending, the court may also issue personal
protection orders to prohibit a party from imposing any restraint on the other party’s
personal liberty. Protective orders may not be made mutual unless issued on the basis
of violence or threats of violence by both parties.
MCLA §552.14 and Rule 3.207, Michigan Court Rules. MINNESOTA
Minnesota law allows either party to file a written Motion to schedule a temporary
hearing at which a Judge is asked to issue a temporary Order which is in force until the
divorce is finalized. The temporary Order may deal with 1) temporary custody and
visitation rights of minor children; 2) temporary maintenance from either spouse; 3)
temporary child support; 4) temporary costs and reasonable attorney fees; 5) temporary
use and possession of the home, furniture, automobiles, and other property; 6) payment
of debts; 7) restraining the parties from transferring or disposing of property except in the
usual course of business or for necessities of life; 8) restraining the parties from
harassing or molesting the other party or the children; 9) restraining a party from
removing any minor child from the jurisdiction of the court; 10) excluding a party from the
family home; and 11) requiring a party to perform or to not perform such additional acts
as will facilitate the just and speedy disposition of the case or will protect the parties or
the children from physical or emotional harm. Generally, temporary Orders are issued
solely on the basis of written Affidavits and argument of the attorneys at the temporary
hearing. Court rules require parties to file an Application for Temporary Relief in
Support
of a Temporary Motion.
Minn. Stat. §518.131. MISSISSIPPI
Upon reasonable notice to the other party, the Judge of Chancery Court (the
Chancellor) may hear petitions for temporary alimony, temporary custody of children,
temporary child support, and other appropriate temporary issues. If the parties have
separate incomes, the court may require that each parent contribute to the support and
maintenance of the children in proportion to the relative financial ability of each party.
For good cause shown, the court may issue an ex parte order for temporary relief to
include: 1) directing the Defendant to refrain from abusing the Plaintiff or any minor
children; 2) granting temporary possession of the family home to Plaintiff and excluding
Defendant from the homestead; 3) prohibiting, transferring, or otherwise disposing of
property mutually owned or leased by the parties, except in the ordinary course of
business. Any temporary order issued on an ex parte basis is temporary and shall not
exceed ten days effect and shall expire as of the date of the temporary hearing.
MC 93-5-17, 93-11-65, and 93-21-13. MISSOURI
Missouri law allows either party to file a motion with the court asking for temporary
maintenance or temporary child support. The motion shall be accompanied by an
Affidavit setting forth the factual basis for the motion and the amounts requested. As a
part of a motion for temporary support, or by independent motion, either party may
request the court issue an order after notice and hearing: 1) restraining any person from
transferring or disposing of any property except in the usual course of business or further
necessities of life and requiring the party to notify the moving party of any proposed
extraordinary expenditures and to account to the court for all extraordinary expenditures
made after the order is issued; 2) enjoining a party from molesting or disturbing the
peace of the other party or of any child; 3) excluding a party from the family home or
from the home of the other party upon a showing that physical or emotional harm would
otherwise result. The court may issue a restraining order only if it finds on the evidence
that irreparable injury would result to the moving party if an order is not issued until the
time for answering has elapsed. The court may award temporary maintenance and
temporary child support in accordance with the statutory provisions for both and on such
terms as are just and proper considering all the circumstances.
VAMS §452.315. MONTANA
Montana Law provides that either party may move the court for temporary
maintenance or temporary support. The motion must be accompanied by an affidavit
setting forth the factual basis for the motion and the amounts requested. As a part of a
motion for temporary maintenance or support, or by independent motion, either party
may also request the court issue a temporary injunction granting the following relief: 1)
Restraining a person from transferring or dissipating a property; 2) in joining a party from
molesting or harassing the other party or any other family member; 3) excluding a party
from the family home or from the home of the other party upon a showing that physical
or emotional harm would otherwise result; 4) enjoining a party from removing a child from
the jurisdiction of the court; 5) ordering a party to complete counseling, including alcohol
or chemical dependency counseling or treatment; 6) providing other injunctive relief
proper in the circumstances; and 7) providing any additional relief available under the
laws regarding domestic violence and stalking.
The court may issue a temporary restraining order for a period not to exceed
twenty days without requiring notice to the other party, only if it finds, on the basis of the
moving affidavit or other evidence, that irreparable injury will result to the moving party if
no order is issued until the time for responding has elapsed.
MCA 40-4-121. NEBRASKA
The court may order either party to pay temporary child support and temporary
alimony. The court may also order either party to pay reasonable attorney fees and
costs to enable the other party to prosecute or defend the action. No temporary order
shall be allowed before at least three days notice of hearing has been served on the
other party. At any time after the petition has been filed, upon application of either party
and if based upon a supporting affidavit, the court may issue an ex parte order 1)
restraining any person from transferring or disposing of property, except in the usual
course of business or for the necessities of life; 2) enjoining any party from molesting or
disturbing the peace of the other party or the children; 3) determining the temporary
custody of any minor children of the marriage. Ex parte orders shall remain in force for
no more than 10 days or until a hearing is held, whichever is earlier. After motion, notice
to the other party and a hearing, the court may order either party excluded from the
premises occupied by the requesting party, upon a showing that physical or emotional
harm would otherwise result. Temporary child support shall be established pursuant to
the Nebraska Child Support Guidelines.
Reissued Revised Statutes 42-357. NEVADA
The court may issue a temporary restraining order if a party applies to the court
and provides an affidavit stating that the other party is about to do an act which would
defeat an order that the court might ultimately make concerning the property or financial
interest of the party. The court shall make such a restraining order as appears
necessary to prevent the act or conduct and preserve the status quo pending final
determination of all issues.
NRS 125.050.
At any time after the Complaint has been filed, the court, in its discretion, and
upon application by either party and after notice to the adverse party, require either party
to pay temporary alimony, temporary child support, or temporary attorney fees to enable
the other party to carry on or defend the action. The court may also make any other
order regarding the property of the parties which the court deems necessary. The court
shall take into consideration the financial situation of each of the parties.
NRS 125.040.
If it appears to the court that any child has been or is likely to be taken or
removed out of the state or concealed within the state, the court shall issue appropriate
restraining orders.
NRS 125.470.
Whenever temporary child support or alimony is an issue before the court, both
parties must complete, serve, and file their Affidavit of Financial Condition, describing
their incomes, expenses, and assets. The Affidavit must be prepared on a form
available from the Clerk of District Court. Child support shall be ordered consistent with
the child support formula described in the Nevada statutes.
Rules 13, Nevada District Court Rules; and NRS 125B.080. NEW HAMPSHIRE
Upon the filing of an action for divorce, the court shall issue an order restraining
each party from selling, transferring, encumbering, concealing, or in any manner
disposing of any property belonging to either or both of the parties, except: 1) by written
agreement of both parties; 2) for reasonable and necessary expenses of living; 3) in the
ordinary and usual course of business; 4) in the ordinary and usual course of investing;
or 5) by order of the court.
Temporary restraining orders may also be issued to: 1) direct any party to refrain
from abusing or interfering in any way with the person or liberty of the other party; 2)
enjoin any party from entering the premises where the other party resides, upon a
showing that physical or emotional harm would otherwise result; 3) enjoin any party from
contacting the other party at, or entering, the other party’s place of employment or
school; 4) enjoin any party from harassing, intimidating, or threatening the other party or
relatives or household members; 5) determine the temporary custody and support of any
minor children; 6) make an award of temporary alimony; or 7) enjoin any party from
transferring or disposing of any property, except in the usual course of business or for
the necessities of life, and require a party to notify the other and to account to the court
for any extraordinary expenditures. Whenever child support is an issue, both parties
must file a Support Affidavit in the form substantially as stated in Rule 158 of the
Superior Court Rules. The form is available from the clerk of Superior Court. A
temporary restraining order is granted without notice to the adverse party only if it
appears to the court from the applicant’s Affidavit that immediate and irreparable injury
will result unless the order is granted.
RSA 458:16 and 16-b; Rules 158 and 160, Superior Court Rules. NEW JERSEY
At any time while a divorce action is pending, the court may make temporary
orders for the care and support of the children, for alimony or maintenance of the parties,
for temporary attorney fees and costs, or for any other appropriate temporary issues, as
the circumstances of the parties and the nature of the case require for a reasonable and
just result. Orders so made by the court may be revised and altered from time to time,
as circumstances may require. A motion for temporary relief shall be accompanied by a
completed Case Information Statement in the form required by the New Jersey Rules of
Court. The party responding to a motion for temporary relief must file a completed Case
Information Statement. Temporary child support shall be calculated pursuant to the New
Jersey Child Support Guidelines. The court shall issue a temporary restraining order if
the applicant appears to be in danger of domestic violence. The order may be issued ex
parte when necessary to protect the life, health, or well-being of a victim on whose behalf
the relief is sought.
Rules 5:5-4, 5:7-2, and 5:7A New Jersey Rules of Court. NEW MEXICO
At any time while a dissolution action is pending, the court may make appropriate
orders to restrain the use or disposition of property, or for temporary custody of children,
or for temporary alimony. The court may issue temporary orders as are just and proper,
after consideration of all relevant circumstances. The court may make an order for
temporary attorney fees and costs, as will ensure that either party is able to prepare and
present his case. Whenever temporary child support is an issue for the court, both
parties must serve and file Financial Affidavits disclosing their income and expenses.
The amount of temporary child support is calculated pursuant to the New Mexico Child
Support Guidelines.
§40-4-7 and 40-4-11.1 NMSA. NEW YORK
New York law gives the judge in a divorce case considerable discretion to make
an award of temporary possession of property to the parties, as justice requires, after
consideration of all the circumstances of the case and the parties. For good cause, the
court may order a temporary order of protection which may require any party: 1) To stay
away from the home, school, business or place of employment of the child, other parent,
or any other party; 2) to permit a parent or other person entitled to visitation to visit a
child at specified periods; 3) to refrain from committing a family offense or criminal
offense against a child or other parent; 4) to permit a designated party to enter a
residence during a specified time in order to remove personal belongings; 5) to refrain
from acts that create an unreasonable risk to the health, safety, or welfare of a child; 6)
to pay reasonable attorney fees and costs involved in obtaining or enforcing the order; or
7) to observe such other conditions as are necessary to further the purposes of
protection.
The court shall make temporary orders for custody and support of minor children
as justice requires, having regard to the circumstances of the case and of the respected
parties and to the best interest of the child. The amount of child support must be
determined in accordance with the provisions of the Child Support Standards Acts (child
support guidelines). Only rarely will the court deviate from a strict application of the
statutory child support formula . In any order for child support, the court must also issue
an income deduction order providing for automatic payment of child support from the
earnings of the obligor. Whenever child support or alimony are issues before the court,
both parties must serve and file net worth statements, making a full disclosure of income,
expenses, and assets. The net worth statement form varies county to county. The most
currently used form should be obtained from the Clerk of Supreme Court for the county in
which the case is pending.
Domestic Relations Law §234, 240, and 252. NORTH CAROLINA
The North Carolina courts may enter orders for temporary custody and support of
minor children. Motions for temporary relief may be made on ten days notice to the other
parties. If the circumstances of the case rendered appropriate, the court may enter
orders for the temporary custody and support of the child, pending the service of notice
of a hearing. However, the court will not enter an ex parte order which changes the
living arrangements of a child or changes custody, unless the court finds that the child is
exposed to a substantial risk of bodily injury or sexual abuse or that there is a substantial
risk that the child may be abducted or removed from the state for the purpose of evading
the jurisdiction of North Carolina courts.
GS §50-13.5(d).
Either party may request a temporary award of alimony. The requesting party
shall state the factual basis for the requested relief in an Affidavit verified by the party.
The court shall base its award on the financial needs of the parties, considering the
parties’ accustomed standard of living, the present employment income and other
recurring earnings of each party from any source, their income-earning abilities, debts
and obligations, necessary expenses, and each parties legal obligations to support any
other persons. Unless there is misconduct by the dependent spouse, a dependent
spouse is entitled to an award of temporary alimony if, based on consideration of the
foregoing factors, the court finds that the resources of the dependent spouse are not
adequate to meet his or her reasonable needs, and the support spouse has the ability to
pay.
At a hearing on the issue of temporary alimony, the judge shall consider marital
misconduct by the dependent spouse occurring prior to or on the date of separation in
deciding whether to award alimony after separation and in deciding the amount of
alimony. The judge shall also consider any marital misconduct by the supporting
spouse. The court may consider incidents of post-date of separation marital misconduct
as corroborating evidence supporting other evidence that marital misconduct occurred
during the marriage and prior to date of separation. GS §50-16.2 A. NORTH DAKOTA
North Dakota law allows either party to file a written motion to schedule a
temporary hearing at which a judge is asked to issue a temporary order which is in force
until the divorce is finalized. The court order may require a party to pay such support as
may be necessary for the support of a party and minor children of the parties. The order
may also order payment of attorney fees. The court may also award custody of minor
children to a party. The order may be issued and served in accordance with the North
Dakota Rules of Court. The court may include in the order a provision for domestic
violence protection. Generally, temporary orders are issued solely on the basis of written
affidavits and argument of the attorneys at the temporary hearing. Court rules require
the parties to file affidavits and a Financial Statement in support of their position in the
form required by the Rules of the Court.
NDCC §14-05-23. OHIO
When either party presents the court with a sworn Affidavit that a party is about to
dispose of property, or that a party may suffer physical abuse or annoyance by the other
party, the court may issue a temporary restraining order to prevent such action. A
temporary restraining order may be issued without notice to the adverse party and shall
remain in force while the action is pending, unless the court otherwise orders. If either
party makes a motion for temporary relief, and supports the motion with adequate
Affidavits, the court may grant temporary spousal support, temporary child support,
temporary allocation of the parental rights and responsibilities for the care of children,
and such other relief as may be appropriate under the circumstances. For good cause
shown, the court may order temporary relief without a court hearing. If the adverse party
requests a court hearing on the issue of the temporary relief, the court shall grant the
party an oral hearing within 28 days of the request, for the purpose of considering
whether or not to modify the temporary order. A request for an oral hearing shall not
suspend or delay the commencement of spousal support or other support payments
ordered in the temporary order until the order is modified after the hearing.
Rule 75(H) and (M), Ohio Rules of Civil Procedure.
Temporary child support must be awarded pursuant to the Ohio Child Support
Schedule. Both parties are required to submit financial information on forms supplied by
the court. Each party submits an “Income and Expenses Statement” and the “Child
Support Computation Worksheet,” on forms supplied by the Clerk of
Court. ORC 3113.21.5. OKLAHOMA
After a Petition for Divorce has been filed, either party may request the court
issue a temporary order regarding child custody, child support, visitation, alimony,
payment of debt, possession of property, and attorney fees. The court may also issue a
temporary order restraining any person from transferring, concealing, or otherwise
disposing of any property; enjoining a party from molesting or disturbing the peace of the
other party or of any child; excluding a party from the family home or home of the other
party; enjoining a party from removing a child out of the jurisdiction of the court; and
providing any other injunctive relief proper under the circumstances of the case.
All applications for temporary orders shall set forth the factual basis for the
application and shall be verified by the party seeking relief. The application and a notice
of hearing shall be served on the other party.
The court may issue a temporary restraining order, to be effective immediately, if
the court finds, on the basis of a verified application and testimony of witnesses, that
irreparable harm will result to the moving party or a child of the party if no order is issued
before the adverse party can be heard in opposition. If a temporary restraining order is
issued, the motion for a temporary order shall be set for hearing within ten days.
43 Okl.St.Ann. §110. OREGON
At any time after a dissolution action has been commenced in Oregon, the court
may issue temporary orders: 1) for a party to pay an amount of money as may be
necessary to enable the other party to prosecute or defend the action; 2) for temporary
support and maintenance of the other party; 3) for the care, custody, support, and
maintenance of the minor children, and for visitation rights to the parent not having
custody of the children; 4) for the restraint of a party from molesting or interfering in any
manner with the other party or the minor children; 5) for either party to move out of the
family home for such period of time, and under such conditions, as the court may
determine; 6) restraining and enjoining either party from disposing of any of the property
of the parties, except as ordered by the court; or 7) for the temporary use and
possession of any of the properties of the parties, and for payment of liens and
encumbrances against the property. A court may enter an ex parte temporary order
providing for the custody of a child if a parent of a child is present in court and presents
an Affidavit alleging that the child is in immediate danger, and the court finds, based on
the facts in the Affidavit and in the parent’s testimony, that the child is in immediate
danger. The other party has the right to request a hearing which should be held within
14 days after the party files the request for the hearing.
ORS 107.095 and 107.097.
The party who files a motion for temporary child support must also file the
Uniform Support Affidavit in the form specified by the Oregon Uniform Trial Court Rules.
If no party is seeking spousal support or a deviation from the child support guidelines,
the parties must complete the Uniform Support Affidavit and supply the attachments
required for the Affidavit, but the parties need not complete any of these schedules or
attachments. If any party is seeking spousal support or is seeking a deviation from the
child support guidelines, all parties must complete the Uniform Affidavit and all schedules
and attachments.
Uniform Trial Court Rules 8.040. PENNSYLVANIA
Where it appears to the court that a party is about to leave the jurisdiction of the
court or is about to remove property from the jurisdiction of the court, or is about to
dispose of or encumber property in order to defeat equitable distribution, alimony, child
support or other award, the court may issue an injunction to prevent the removal or
disposition.
23 Pa.C.S.A. § 3505 (a).
The court may make a temporary award of alimony and reasonable attorney fees
and expenses. The court may also rule that adequate health and hospitalization
coverage be maintained for the dependent spouse while the action is pending.
23 Pa.C.S.A. § 3702.
At any time after the commencement of the action, on application of any party or
on its own motion, the court may grant temporary custody, partial custody, or visitation.
The court may issue an order directing that a child or a party or person having physical
custody of a child be brought before the court.
Rule 1915.13, Pennsylvania Rules of Civil Procedure.
Within 30 days after the service of the complaint or any other pleading containing
a claim for child support or spousal support, alimony, temporary alimony or attorney fees
and costs, each party shall file a true copy of the most recent federal income tax return,
pay stubs for the preceding six months, and a completed Income and Expense
Statement in the form required by rules 1910.11 and 1910.26, Pennsylvania Rules of
Civil Procedure. When so ordered by the court, all payments of child support, spousal
support, alimony, or temporary alimony shall be made to the domestic relations section to
the court which issued the order.
Rule 1920.31, Pennsylvania Rules of Civil Procedure.
The amount of temporary child support and temporary alimony shall be
determined in accordance with the Pennsylvania support guidelines. There shall be a
rebuttable presumption that the amount of the award determined from the guidelines is
the correct amount of support (including both child support and spousal support) to be
awarded by the court in its order.
Rule 1910.16 -1, Pennsylvania Rules of Civil Procedure. RHODE ISLAND
After a divorce Complaint has been filed, and while the action is pending, the
court may issue temporary orders providing for custody, child support, alimony, use of
property, and any other issues required by the circumstances. Upon the filing of a
Complaint, the Family Court may issue a temporary restraining order to restrain either
party from interfering with the personal liberty of the other, and to restrain any party from
causing or attempting to cause bodily harm to the other. In awarding temporary custody,
the court shall provide for the reasonable right of visitation by the non-custodial parent,
except upon a showing of good cause of why visitation should not be granted. In the
event of non-compliance by the custodial parent, the non-custodial parent may file a
motion for contempt in Family Court. Upon a finding by the court that the visitation order
has not been complied with, the court shall exercise its discretion in providing a remedy
and shall define the visitation in detail. However, if a second finding of non-compliance
is made, the court shall consider this to be grounds for a change of custody to the
non-custodial
parent. Motions for temporary child support or attorney fees shall be accompanied by a supporting affidavit containing a statement of the parties current
assets, liabilities, income, and expenses. A party who opposes the temporary motion
shall file a similar affidavit. Child support shall be established consistent with the child
support guidelines.
Rules 64 and 65, Rhode Island Rules of Procedure for Family Court, GLRI 15-5-16.2 and 15-5-18. SOUTH CAROLINA
While the action is pending, the South Carolina court may restrain either party
from interposing any restraint upon the personal liberty of the other party, or from
interfering with or molesting the other party in any way. The court may also restrain or
enjoin any other person from doing or threatening to do any act calculated to prevent or
interfere with a reconciliation of the husband and wife.
1976 Code §20-3-110.
Either party may request that the court issue a temporary order for alimony and
attorney fees. Either party may request a temporary order for child support, which the
court shall establish in the amount calculated, pursuant to the South Carolina Child
Support Guidelines.
1976 Code §20-3-120 and §20-7-852.
A written motion for temporary relief, and written notice of the hearing, shall be
served upon the other party not later than five days before the time specified for the
hearing. Evidence received by the court at temporary hearings shall be confined to
pleadings, affidavits, and financial declarations. Affidavits filed at a temporary hearing
do not need to be served on the opposing party prior to the temporary hearing.
Whenever child support, alimony, or attorney fees are requested at a temporary hearing,
both parties must file Financial Declaration forms, using the current form available from
the clerk of Family Court. The Financial Declaration forms shall be served and filed prior
to or at the temporary hearing, or no later than 45 days after the Complaint is served,
whichever occurs first. The court may impose reasonable sanctions on either party for
failing to file the required Financial Declaration form.
Rules 20 and 21, South Carolina Family Court Rules. SOUTH DAKOTA
Upon the filing of a Summons and Complaint for Divorce and upon personal
service of the Summons and Complaint on the Defendant, a temporary restraining order
shall be in effect against both parties until the final decree is entered. Both parties are
restrained from transferring or dissipating any assets, restrained from molesting or
harassing the other party, and restrained from removing any minor child of the parties
from the state without the written consent of the other party or an order of the court. The
provisions of the temporary restraining order shall be printed upon the Summons and
shall become an order of the court when the Defendant is personally served with the
Summons.
S.D.C.L. 25-4-33.1.
While an action for divorce is pending, the court may, in its discretion, require one
spouse to pay to the other temporary alimony, temporary child support, or an award of
attorney fees to prosecute or defend the action. The court may also make such
temporary directions for custody, care, and education of the children as may seem
necessary or property, and may at any time vacate or modify the orders.
S.D.C.L. 25-4-38 and 25-4-45. TENNESSEE
At any time pending the divorce action, upon motion and after notice and hearing,
the Tennessee court may make any order that may be proper to compel a spouse to pay
any sums necessary for the support and maintenance of the other spouse and to enable
such spouse to prosecute or defend the action, and to provide for the custody and
support of the minor children of the parties while the action is pending. The court may
make any other temporary orders as it deems appropriate. Spousal support may include
expenses of job training and education. In making any temporary order, the court shall
consider the financial needs of each spouse and the children, and the financial ability of
each spouse to meet those needs and to prosecute or defend the action. Whenever
child support is an issue before the court, including an issue at a temporary hearing, both
parties shall serve on one another and file with the court complete financial affidavits,
disclosing their income, assets, and financial status. In determining the amount of
temporary child support, the court shall apply the Tennessee Child Support Guidelines.
There shall be a rebuttable presumption that the amount of child support calculated
pursuant to the Guidelines is the correct amount of support to be awarded by the court.
TCA §36-5-101(i). TEXAS
At any time after a divorce Petition has been filed, the court may grant a
temporary restraining order ex parte and, in addition, after notice and hearing, may issue
a temporary injunction for the preservation of the property and the protection of the
parties as deemed necessary and equitable. After notice and hearing, the court may
issue temporary orders for the preservation of the property and protection of the parties
as deemed necessary and equitable, including but not limited to an order directed to one
or both parties: 1) requiring a sworn inventory and apportionment of all property owned
or claimed by the parties, and a list of all debts or liabilities owed by the parties; 2)
ordering either party to pay temporary alimony to the other; 3) requiring the production of
books, documents, and tangible things by either party; 4) ordering payment of attorney
fees and costs; 5) appointing a receiver for the preservation and protection of property of
the parties; 6) awarding one spouse exclusive occupancy of the residence while the case
is pending; 7) prohibiting either party from spending funds beyond what the court
determines to be for reasonable and necessary living expenses; or 8) awarding one
spouse exclusive control of a party’s usual business or occupation. The court may make
temporary provisions for custody and child support. The amount of child support
established by the Texas Child Support Guidelines is presumed to be the correct amount
to be ordered by the court. The court shall require a party to 1) furnish information about
that party’s net resources and ability to pay child support; and 2) produce copies of
income tax returns for the past two years, a financial statement, and current
pay stubs. V.T.C.A., Family Code §3.58, §3.59, §154.063, and §154.122. UTAH
In Utah divorce actions, the court may order a party to pay temporary child
support and temporary maintenance while the divorce action is pending. The trial court
has considerable discretion in making temporary orders.
UCA 30-3-3. VERMONT
Either or both parties may apply to the court for temporary relief. The court may
make such orders pending the final hearing as the court would be authorized to make at
the final hearing, except that the court may not change title of property without the
consent of the parties, except upon good cause shown. On motion of either party, the
court may issue a temporary restraining order to enjoin the other party from conveying,
concealing, or interfering with the property of the moving party or of the children, or from
interfering with the possession, use, and control of any property in the possession of
either party. The court may make such other orders regarding possession or use of
property as may be just and equitable. The Vermont statutes require the court to
schedule a “prompt hearing.” The evidence shall be recorded by a court reporter. The
judge shall issue an order within ten days from the date of the hearing.
15 VSA Section 594a; Rule 4(c), Vermont Rules for Family Proceedings. VIRGINIA
At any time while a divorce action is pending, the court may make temporary
orders as follows: 1) for temporary support and maintenance of the petitioning spouse,
including an order to provide health insurance coverage unless it is shown that such
coverage cannot be obtained; 2) for an award of temporary attorney fees and costs to
enable the petitioning spouse to carry on the action; 3) to prevent either spouse from
imposing any restraint on the personal liberty of the other party; 4) to provide for the
custody of minor children, including an order that either party provide health insurance
coverage for the children; 5) to provide temporary support for any child of the parties
under the age of 19 who is a full-time high school student; 6) for the exclusive use and
possession of the family residence while the action is pending; 7) to make any orders to
preserve the property of either spouse; or 8) to compel either spouse to give security to
make sure that other parts of the order are complied with. The court may also order both
parties to attend educational seminars on the effects of the divorce on minor children.
No statement or admission by a party in such a seminar or program shall be admissible
into evidence in any subsequent proceeding.
The court may enter an ex parte order excluding the other party from the family
dwelling. However, in such a case, the order shall not exclude a spouse for a period in
excess of 15 days from the date the order is served in person upon the spouse being
excluded, and the spouse served may at any time file a written motion requesting a
hearing to dissolve or modify the order. After the hearing, the court may extend,
terminate, or otherwise modify the order for exclusive residency. Any temporary orders
for custody and visitation shall be determined pursuant to the best interest of the child
and other standards contained in the custody and visitation statutes.
CV §20-103. WASHINGTON
At any time during a proceeding for dissolution of marriage, either party may
move for temporary maintenance, temporary child support, or other temporary relief.
The motion shall be accompanied by an Affidavit setting forth the factual basis for the
motion and the amounts requested. As a part of a motion for temporary relief, or by
independent motion, either party may request that the court issue temporary restraining
orders providing relief proper under the circumstances. The court may issue a temporary
restraining order without requiring notice to the other party only if it finds, on the basis of
the supporting Affidavit, that irreparable injury could result if an Order is not issued until
the time for responding has elapsed. Restraining Orders restraining the other person
from molesting the other party or from going on to the grounds of or entering the home,
work place, or school of the other party or the daycare or school of any child, shall
prominently bare, on the front page of the Order, a notice that violation of the Order is a
criminal offense under RCW §26.09.
A Temporary Order or Temporary Restraining Order does not prejudice the rights
of a party or any child, which are to be adjudicated at any subsequent hearings in the
dissolution proceeding, and may be revoked or modified at any time, and terminate when
the final Decree is entered.
RCW §26.09.060.
A parent seeking a Temporary Order relating to parenting shall file and serve a
proposed temporary parenting plan by motion. The other parent, if contesting the
proposed temporary plan, shall file and serve a responsive proposed parenting plan.
The proposed plans shall be accompanied by Affidavits stating all information necessary
to support the proposed parenting plans. The court’s Temporary Order shall include a
temporary parenting plan which includes: 1) a schedule for the child’s time with each
parent; 2) designation of a temporary residence for the child; 3) allocation of decision-making authority; 4) provisions for temporary support; and 5) any appropriate restraining
orders.
RCW §26.09.194. WEST VIRGINIA
At any time while the divorce action is pending, the court may issue an Order for
Temporary Relief regarding the issues of alimony, custody, visitation, child support,
medical support/health insurance, attorney fees and costs, use and occupancy of the
marital home, use and possession of cars, payment of existing policies of insurance, and
temporary restraining orders and other orders as may be appropriate under the
circumstances. In ordering temporary relief, the court shall consider the financial needs
of the parties, the present income of each party from any source, the income potential of
the parties, and any obligations to support others. Child support shall be established in
accordance with the West Virginia Child Support Guidelines. To facilitate the resolution
of issues at a hearing for temporary relief, the court may, or upon the request of either
party shall, order the parties to file the Disclosure form required by WV Code §48-2-33.
The Disclosure form is required to be filed within 40 days after service of the Summons
or at such earlier time as may be ordered by the court. The standard form used by the
courts to comply with this statute is available from the Clerk of Circuit Court. The clerk
shall make these forms available to all parties in any divorce action or any action
involving child support. The form used shall contain a statement in conspicuous print
that complete disclosure of assets and liabilities is required by law.
Unless the best interest of the child requires otherwise, every temporary order
which provides for custody of a minor child shall also provide for the following: 1) the
custodial parent shall be required to authorize school authorities to release all
information concerning the child to the non-custodial parent; 2) the custodial parent shall
be required to promptly transmit to the non-custodial parent a copy of the child’s report
card and any other reports regarding the child’s progress or status; 3) the custodial
parent shall be required to arrange appointments for parent-teacher conferences at a
time when the non-custodial parent can be present; 4) the custodial parent shall be
required to authorize medical providers to release to the non-custodial parent copies of
information concerning medical care to the child; 5) the custodial parent shall be required
to promptly inform the non-custodial parent of any illness of the child which requires
medical attention; and 6) the custodial parent shall be required to consult with the
non-custodial
parent prior to any elective surgery for the child, and in any case of emergency
medical treatment for the child, shall consult with and inform the non-custodial parent as
soon as possible. The same duties to inform apply to the non-custodial parent in the
event medical treatment, illness, etc. arise during times that the child is in the physical
custody of the non-custodial parent during a period of visitation.
WV Code §48-2-13 and 48-2-33; and Rule 14, Rules of Practice for Family Law. WISCONSIN
Wisconsin law allows either party to file a written Motion to schedule a temporary
hearing at which a Judge or Family Court Commissioner is asked to issue a
Temporary
Order which is in force until the divorce is finalized. The temporary Order may deal with
1) temporary custody and visitation rights of minor children; 2) temporary maintenance
from either spouse; 3) temporary child support; 4) temporary family
support; 5) temporary
costs and reasonable attorney fees; 6) temporary use and possession of the home,
furniture, automobiles, and other property; 7) payment of debts; 8) restrain the parties
from transferring or disposing of property, except in the usual course of business or for
necessities of life; 9) restrain the parties from harassing or molesting the other party or
the children; 10) restrain a party from removing any minor child from the jurisdiction of
the court; 11) exclude a party from the family home, and 12) require a party to perform or
to not perform such additional acts as will facilitate the just and speedy disposition of the
case, or will protect the parties or the children from physical or emotional harm.
Generally, temporary Orders are issued solely on the basis of written Affidavits and
argument of the attorneys at the temporary hearing. Court rules require parties to file
financial information in support of a temporary Motion. Wis. Stat. §767.23. WYOMING
If, after filing a Complaint for Divorce, it appears probable to the court that either
party is about to do any act that would defeat or render less effective any order which the
court might ultimately make concerning property or financial interests, the court can issue
a temporary restraining order. Upon the request of either party in a divorce action, the
court may prohibit the other party from imposing any restraint upon the personal liberty of
the other party during the Pendency of the divorce action.
W.S. 20-2-109 and 20-2-110.
At any time during the divorce proceeding, the court may order either party to pay
amounts to the other party as temporary child support or temporary alimony, or for
temporary attorney fees and costs. To enforce its orders, the court may require security
by either party. The court may also make any such other order as is proper and
necessary concerning the care and custody of minor children and their suitable
maintenance while the divorce action is pending. The court shall consider evidence of
spouse abuse or child abuse as being contrary to the best interest of the child. If the
court finds that family violence has occurred, the court shall make arrangements for
visitation during temporary custody and best protect the child and the abused spouse
from further harm.
W.S. 20-2-111 and 20-2-112.
In Wyoming it is a crime for a spouse, without just cause or lawful excuse, to
desert the other spouse or fail or refuse to provide adequately for the support and
maintenance of the other spouse or children of the parties. Upon petition of the
complaining spouse, the court may enter a temporary order providing for support of
spouse or children. W.S. 20-3-101. |
