Temporary Orders-Getting Money for Support and or Time with the Children

Often divorce and custody cases can months or even years to resolve. But what happens when the parents split, and disposable income drops because there are now two households. Often there are critical issues about child support, spousal support,  debt, property and even who gets to stay in the family house.  These issues can't wait until the final decree. Short of a full trial, the court can make preliminary rulings on these issues.

What Temporary Orders Can Accomplish

When one parent moves out, the other often  needs money to feed and shelter the children. Other obligations such as credit cards, and car payments have to be dealt with. The court can place these issues on a fast track hearing procedure to get temporary orders in place. 
Spouses can also ask the Arizona family court to temporarily:

• establish child custody and parenting time  arrangements

• Set spousal support (alimony) and/or child support payments

• Deal with immediate issues about community property

• award one spouse the use of the family residence

• in extreme cases the court can enter orders baring contact with the other spouse

These temporary orders truly temporary.  Often the final decree of dissolution or final orders on support and visitation differ greatly than the the Temporary Orders.  However, first impressions are critical. A judge will not penalize you for making a reasonable argument.  However, a court will remember the party making unreasonable claims, wasting the court's time, or taking positions not supported by law.  First impressions are critical.

When to Ask for a Temporary Order

Absent  an agreement on child support and visitation ahead of filing a dissolution proceeding, or if the other parent unilaterally moves out the the house, you will likely have to seek temporary orders.  You should consider asking for these orders as soon as possible absent an agreement. If you need the money, the further you get in debt. If you are going to be paying money, you don't want to create a huge amounts of arrears that you will have to pay off over time or in a lump sum.

Once you are in court, with or without an attorney, you have a "mini trial" on your hands. You will rarely have more than 15 to 30 minutes to present YOUR side of the case and time goes by quickly.  Your evidence on income and expenses or abiltit to pay has to be presented clearly and concisely.  Arizona Courts require parties in Temporary Orders Hearings to submit an Affidavit of Financial information that sets out a detailed look at your financial situation. A draft parenting plan goes a long way in helping the court see your schedule, the children's schedule and how the time works out for both parents.