If you have a lawsuit pending in a family court, then you should know that a final decision may not come as fast as you would like. However, this does not mean that your life (and the lives of your children) must come to a standstill until a judgment is made. For example, if you are involved in a child support tussle, it doesn't mean that your children have to stop going to school while awaiting the child support order. You can request for a temporary court order by availing the following things:
Request for the Temporary Order
You need to make an official application for the relevant court order you are seeking. Most courts have specific forms that you use for these purposes; the exact name depends on your state. For example, you may need the Application for Order to Show Cause form. The form explains out what you want (for example temporary alimony or child support).
The court will not just make a decision without giving your partner the chance to defend his or her position. For this reason, the form also requests your spouse to come to court (at a specific date) and explain why he or she shouldn't grant it. This is the "show cause" part of the form.
Proposed Temporary Order
You also need to spell out what you want. For example, if you are seeking temporary alimony, then you should specify what you want to use the alimony for and how much you want your spouse to pay you. This is the document that the judge will sign if your temporary order is finally granted. In most cases, however, it may go through some modification before it is signed.
Supporting Declaration
Court judgments cannot be made on the basis of hearsay alone; the judge can't just take your word for it. Therefore, you need some form of evidence (usually in the form of documentation) that proves your claim. For example, if you need child support, then you may need to prove why you need the money – proof of school fees, rent and your limited income may form part of the roof. This is what is called supporting declaration.
Proof of Service
Lastly, you will need to prove to the court that you have served your partner with the relevant court papers. This is necessary to give him or her chance to respond in court and refute your claims and allegations. Of course, you have to serve the papers according to your state's laws; your lawyer will help you with that.
The strength of your supporting declaration may determine the success of your application. Therefore, you need to be as thorough with it as possible. Your lawyer should help you gather all the necessary documents to help you get the temporary order. For more information, contact a professional like Deborah L Kenney Attorney At Law.
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