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Temporary Orders in Family Court: Quick Decisions on Support and Custody
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Temporary orders are usually valid until the court holds another hearing or the spouses arrive at their own settlement through negotiation or mediation.
When to Ask for a Temporary Order
When one divorcing spouse moves out of the house, you have two options: reach an agreement about how you'll share expenses and about child custody and support, or go to court and ask a judge to decide. If you and your spouse are able to agree, you can write up a temporary agreement and go on to try to resolve the rest of the issues in your divorce. If you and your spouse can't agree, one of you should go to court right away to quickly resolve any critical issues, such as spousal support. And, if the children will be staying with you, you should immediately file for custody and child support.
This accomplishes two things. First, you will be awarded the proper amount of child support and the court will acknowledge that you live with the children -- often granting you physical custody right off the bat. Second, your spouse cannot successfully claim that the children were kidnapped. This may sound extreme and unlike your future ex-spouse, but some people behave uncharacteristically when they are under duress and feeling threatened. And, if your future ex-spouse raises such a claim, the police or judge are usually obligated to hear her or him out. However, when you can show proof that you filed for custody and child support, the court will most likely dismiss a kidnapping claim.
How to Ask for a Temporary Order
To get a court order, you must prepare and file some paperwork. Fill-in-the-blank forms may be available for free from the court or online. Some courts have self-help law centers for family law cases, with forms and instructions for people representing themselves, and sometimes even employees who can help you with your forms.
Here's what you'll probably need:
- A request for the court order you want. In some states, the forms you need are called an Application for Order to Show Cause (OSC) and an Order to Show Cause. An Order to Show Cause is a simple, fill-in-the-boxes legal form or short typed legal document that sets out what you are asking for -- such as a temporary child support order. It orders your spouse to come to court at a specific date and time and explain ("show cause") why the court should not grant your request.
- A supporting declaration. This is a written statement, under penalty of perjury, setting out facts that legally justify the issuance of the temporary order -- for example, the need for money to support your children. You can also submit declarations of other people who have first-hand knowledge of the facts.
- A proposed temporary order granting you the relief requested. This order will be signed by the family court judge if the judge grants your request.
- A proof of service. This is a document that proves to the court that the papers have been properly delivered to your spouse. Check for instructions that come with the proof of service form; if there aren't any, you can check your own state's law about serving papers. To do this, see Nolo's State Laws page.
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