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How to get a Temporary Order


Talk to an attorney

The information on this page is not a substitute for legal advice. You are not required to hire an attorney, but a Temporary Order can be complicated. Consider talking to an attorney to go over your options. One way to talk to an attorney is to visit a free legal clinic. Clinics provide general legal information and give brief legal advice. You might also hire an attorney for just part of your case or to do one particular thing, rather than represent you for the whole case. For more information, see our page on Finding Legal Help.


Motion for Temporary Order

A temporary order governs child custody, parent time and support, alimony, property distribution, attorney fees and other matters during divorce or parentage proceedings. The parties must follow the temporary order until it is changed or until final judgment in the case.

A Motion for Temporary Order may be filed with or after the petition for divorce or the petition to establish parentage. A Motion for Temporary Order cannot be filed if no petition for divorce or petition to establish parentage has also been filed. 

A Motion for Temporary Order may also be filed with or after a petition to modify a divorce or parentage decree. Rule of Civil Procedure 106 states that the court may order a temporary modification of child support as part of a temporary modification of custody or parent time. Also, the court may order a temporary modification of custody or parent time to address immediate and irreparable harm or to confirm changes made by the parties, provided that the modification serves the best interests of the child.

If you have filed a petition for divorce or temporary separation and are also asking for temporary order about children (such as child support, child custody or parent-time), you must take the divorce orientation course before the court can issue the temporary order. The court may require you to complete the divorce orientation course if you are filing a motion for temporary order in a child custody case as well.

A temporary order is not automatic. You must give the court good reasons for granting your request. If you want the temporary order to govern joint legal or physical custody, you must include a Parenting Plan. If you want the temporary order to govern any financial payments, such as alimony, child support or attorney fees, you must include a Financial Declaration and the appropriate Child Support Worksheets. For more information and forms see our pages on Financial Declarations,Parenting Plans, and Child Support.


Responding to a Motion for Temporary Order

Opposing the other party's Motion for a Temporary Order is not the same as asking for a Temporary Order yourself. If you want the court to order child custody, parent-time, child support, child care expenses, health insurance, alimony, attorney fees, payment of bills and debts, or possession of property, and the other party has not raised the issue in his or her Motion for Temporary Order, you must file a Motion asking for these things.

Decide whether you agree with the motion filed by the other party. If you agree with the motion, work with the other party to complete and file a Stipulation. If you decide that you oppose the motion (or some part of it) complete and file a Statement Opposing the Motion and its supporting documents.

When you file the Statement Opposing the Motion for Temporary Order, you must file with it a Financial Declaration if money, such as temporary child support or temporary spousal support is involved, and a Parenting Plan, if temporary child custody or temporary parent-time is involved. If child support is involved, you must also file the appropriate child support worksheets. For more information and forms see our pages on Financial DeclarationsParenting Plans, and Child Support.


Procedures

The procedures for a Motion for Temporary Order are different depending on whether the Motion will first be considered by a court commissioner or by a judge. In Judicial Districts 1, 2, 3, and 4, a Motion for Temporary Order will first be considered by a court commissioner, and the process is governed by Rule of Civil Procedure 101. In Judicial Districts 5, 6, 7, and 8, a Motion for Temporary Order will first be considered by a judge, and the process is governed by Rule of Civil Procedure 7. The checklists listed in the Forms section below provide guidance on completing the forms and following court procedures.

Attend any hearing scheduled on the Motion for Temporary Order. Usually, the court will ask the moving party to write an order based on what the court determined at the hearing. Rule of Civil Procedure 7 states that the proposed order must be served on the opposing party within 21 days of the hearing and filed with the court. The opposing party has 7 days from the date of service to file an objection as to form of the order. This is an objection to the way the other party wrote the proposed order and not an objection to what the court ordered. If no objections as to form of order are made, the court will review and sign the proposed order if it accurately states what the court determined at the hearing. 

According to Rule of Civil Procedure 108, if the hearing was before a commissioner, either party may file an objection to the commissioner's recommendations within 14 days after the recommendations were made. A judge will consider the objection and this process is governed by Rule of Civil Procedure 7.


Forms


Forms to request a Temporary Order:

Forms to respond to a Motion for Temporary Order:


Related Information



Page Last Modified: 7/7/2014
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