We often discuss the challenges that come with formal support orders after a divorce in this blog. We have examined options for modifying arrangements, enforcing parenting plans and figuring out resolutions to the many complications that can arise throughout the course of these agreements.
However, problems can creep up before these arrangements are even in place when parents are in a particularly vulnerable position. This period occurs after a couple has split up and before formal, legal agreements are in place. During this time, temporary orders or agreements often should be in place and enforced.
Temporary orders are exactly what they sound like. They are orders put in place for a short period of time when families are in transition. For instance, if you and your soon-to-be ex are getting divorced, you will need to figure out who will take care of the kids physically and financially until formal custody and support orders are approved and in place, which could take weeks, months or longer.
Just like any court order, you must go through the appropriate legal channels to secure temporary child support or custody orders. Failure to do this could mean that you, your children and your rights could be in danger.
It is crucial that parents comply with temporary orders, as failure to do so can come with consequences. In fact, you might even want to think about this time as a test run. If you mess up and violate a temporary order, it could put you in an unfavorable light and jeopardize your custody and/or support responsibilities in a permanent order.
Temporary court orders can be enormously helpful for parents and children going through a difficult transition. They establish rules, guidelines and expectations during a period when little else seems to make sense. Working with your attorney to seek a temporary order or to assess how that order will impact decisions that are still being considered can therefore be crucial.
Temporary agreements or court orders can be done between the parties with the assistance of attorneys, a mediator, or in the collaborative process without the need to file formal requests with the court. A stipulation can be signed by both parties and then submitted to the court for processing as a court order.