What are Temporary Orders?
Temporary Orders are issued by the Court and direct the parties regarding custody, parenting time, child support, spousal support, and the payment of obligations and debts during the pendency of the case. Temporary Orders control these issues until the case is either settled or a final decision is issued. It is important you provide the Court with the proper information and documentation to allow the Court to make an educated decision. Given the importance of Temporary Orders and the various ways they are handled from county to county, you should seriously consider seeking legal advice from a knowledgeable and experienced attorney to assist you.
Do I need Temporary Orders?
If you and your spouse are divorcing and you have children, or if you are in need of spousal support, or if there are joint debts and obligations that need to be paid, you will likely need Temporary Orders. If you and your spouse can agree on these issues, then an agreement can be filed with the Court. This provides security for both sides and gives recourse if a party later fails to follow the agreement.
When will Temporary Orders be issued?
In most Ohio counties, a Motion for Temporary Orders must be filed for the Court to issue them. In Franklin County, for instance, a Status Conference will be scheduled after the motion is filed. At the Status Conference, the parties can attempt to reach an agreement. If they cannot agree, the Court sets a deadline to submit Affidavits. Affidavits are narratives providing the Court with detailed information to help the magistrate make a decision. This can include background information regarding the marriage and raising of children, income information, monthly budgets, details regarding debts and obligations, and any other factors necessary to allow the Court to make an informed decision. It is important to note that this is the standard in Franklin County. In some counties, Temporary Orders are automatically issued upon filing for divorce. It is important to know the standard in your county or consult with a knowledgeable attorney.
What if I don't like the Temporary Orders that were issued?
When a party believes the Court made an incorrect decision regarding Temporary Orders, a party can file a Motion to Modify the Temporary Orders. Typically, the party must show either (1) there has been a change in circumstances since the issuing of the Temporary Orders or (2) the Court's decision is somehow flawed. For instance, a party may allege the Court was provided false information by the other party. Different counties handle Motions to Modify Temporary Orders differently. In Franklin County, the Motion is typically decided after each side is provided ten minutes to present an oral argument either for or against the requested modification. In some other counties, parties file another round of Affidavits.
Temporary Orders can often set the tone for how a case will ultimately resolve. Given the major impact Temporary Orders can have on your parenting time, financial situation, and overall resolution of your case, we highly advise speaking to an attorney to assist you with a Motion for Temporary Orders. Our experienced attorneys at Wood & Long have the knowledge and skills to handle complex family law situations. Contact our office today at (614) 567-3031 to schedule an initial consultation.
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