"How can I file for a divorce – how will I survive?"
These are common questions asked by a party who does not have a job or earn enough to pay his or her monthly bills.
Temporary Orders are issued to "keep the status quo" between the time a divorce is filed and the time it is over. Each party and the children need to have their food and shelter needs met while the case is pending. Child support and visitation issues need at least a temporary resolution while all the facts and information for a final settlement are being gathered.
The Court makes a decision regarding the following "kid issues":
Will the kids live with Mom or Dad?
What kind of visitation will there be?
How much child support will be paid?
Who is providing and paying for health insurance?
Is there a need for an amicus attorney?
Each side prepares a summary of his or her monthly income and expenses. This helps the Court decide the following "property" issues:
Who will live in the marital residence?
Which party will move out?
Who will drive which vehicle?
What furniture items will be used by whom?
Who will pay the bills such as these common ones:
1. Mortgage
2. Utilities
3. Car payments and insurance
4. Cell phone bills
5. Credit cards.
HINT: THIS IS NOT A FINAL PROPERTY DIVISION. HOWEVER, IF A PARTICULAR ITEM IS VERY IMPORTANT TO YOU, IT IS A GOOD IDEA TO ASK TO HAVE USE OF IT AT THE TEMPORARY ORDERS HEARING.
WHAT IS "INTERIM SPOUSAL SUPPORT"?
This is the support one party gives to the other while the divorce is pending. It can take two forms: cash payment vs. direct payment for certain bills. For example, the party with the larger income may be asked to pay monthly child support and interim spousal support, or to pay the mortgage and certain minimum monthly payments on the credit card bills. There are many different possibilities for how this can be done.
HOW LONG WILL THE "INTERIM SPOUSAL SUPPORT", IF ORDERED, BE PAID?
That depends a lot on the individual circumstances of the parties. The Court could order it "until further order of the Court" which usually means until the divorce is final. The Judge could order it for one to several months. This often happens when the receiving party is not working. The fact that the temporary support will end on a certain date encourages the receiving party to gain employment as soon as possible.
WHAT IF THE WIFE EARNS MORE MONEY THAN THE HUSBAND?
The Court does not base its decisions on gender. A wife who has a larger earning capacity may be ordered to pay interim spousal support to her husband.
WHAT IF MY SPOUSE AND I AGREE ABOUT THESE ISSUES – DO WE STILL HAVE TO HAVE A COURT HEARING?
The parties are always encouraged to enter into an agreement without an actual hearing. When the parties arrive at the courthouse, their attorneys will discuss the terms of a possible agreement.
If the parties are not able to agree, then the Judge will hear each side’s testimony and make a decision regarding all property issues and "kid issues" if there are children.
WHAT IF MY HUSBAND AND I BOTH WANT OUR KIDS TO LIVE WITH US?
The Court needs a lot of information before it can make such an important decision for its final orders!
However, the Court will establish at the Temporary Orders Hearing with whom the children should live while the divorce case is pending.
Both parties will be asked to take a parenting class which discusses the effects of divorce on children. Conservatorship battles can be extremely costly – both financially and emotionally! An agreement between the parties is encouraged whenever possible!!!!!
WILL CHILD SUPPORT BE DEDUCTED FROM MY CHECK AFTER THE TEMPORARY ORDERS HEARING?
Sometimes a Wage Withholding Order is entered after the hearing. However, it may not be entered until the divorce is final. On certain occasions, such as when the payor is self-employed, a Wage Withholding Order may be put into the Court’s file but not activated until a later date.
TEXAS DIVORCE - MEDIATION PAGE