Hi everyone, my name is Trevor Osborn. I’m a Utah Attorney working at Red law. In a divorce or custody dispute, a party will usually file a motion for temporary orders right after they file their original petition for divorce or petition for custody. now a motion for temporary orders is a means by which one party says, look, I know this case may go on for six months, or eight months, or 14 months, and so I want the court to resolve certain issues because we can’t wait for that whole six month, 10 month, or 14month period.
To resolve some of these issues. So, for example, if there are children involved, then parties will want the court to decide temporary custody of those children. Are the parties going to be awarded joint physical custody of the children Is one party going to be awarded primary physical custody Now if joint physical custody is going to be awardedif there’s any chance that joint physical custody is going to be awarded that means one of the parties must have filed a parenting plan before they go into this hearing on their motion for temporary orders.
If there hasn’t been a parenting plan filed, then the court is not going to order joint physical custody. Parenttime is another issue that’s going to be addressed in a motion for temporary orders. When are the parties going to see the children On what days and what times Child support is another issue that’s usually going to be addressed in a motion for temporary orders. That means that you’re probably going to need to know the income of the parties so you can do a calculation of what the child support amount is going to be.
What is a Motion for Temporary Orders in a Utah Divorce Case
You can use the child support calculator on ORS to determine what that child support amount is going to be. Sometimes if you go into the temporary orders hearing and you don’t know what the income level of the parties is the Commissioner might ask you what the income of the parties is, and then tell you that you should use those amounts that have been represented to the court in calculating child support. It’s typical to put in a motion for temporary orders a Division of expenses for the children’s health insurance and any outofpocket expenses involved in.
The children’s health or dental care. Division of property is a potentially big issue. When we’re dealing with division a property we’re dealing with the vehicles of the parties, the bank accounts of the parties, the marital home. Now sometimes parties have been separated for quite some time and they, on their own, have decided who’s gonna go their own separate ways with what and they’re happy with that currently. They may want to change down the road when the court enters its final order, but currently they may be very happy and.
They may not want to disrupt anything. Other times, though, they may, for example, only have one vehicle between the parties and one of the parties may want exclusive access to that vehicle so they can go to work, or they can take the children back and forth to school or to their extracurricular activities, and things of that nature. One party may request that the court enter a temporary order granting them use of the marital home until the divorce has been concluded. Or they may ask that the court divide bank accounts.
And grant half of the assets to one party and half of the assets to the other. The court may also issue certain restraining orders as part of its temporary orders so, the court may require that one of the parties stop visiting the place of work of the other party, or stop visiting the residence of the other party. The court may require that oneparty stop using abusive languageor that the party’s not use abusive language toward each other. The Court may require that the party’s not disparage one another in front of.
The children and things of that nature. If there are other expenses involved with the children, you can address those matters before the court, so for example, if the children have certain extracurricular activities that they’re involved in, and in order for those children to continue with their extracurricular activities, you may request that the court require the other party to share those expenses with you. If there’s any other issues in your case that you find pressing, that are unique to your case, I would go ahead and put them in your motion for.
Temporary orders and ask the court to address those issues. For example, if there is a debt that someone’s coming after you for that the other party incurred, ask the court to address that issue. I have requested that the court require a party to a take a drug test in a motion for temporary orders. I have requested that the court allow my client to go back to the home and do a walkthrough to try to pick up any of their own personal belongings that they left behind when they were separated.
So there’s a lot of things that you can request the court to do and if the court will address it then they will and if they won’t they won’t. So when you file your motion for temporary orders it needs to detail all the things that you’re requesting of the court. The other party will have 14 days to respond to your motion for temporary orders and they also have the option to file their own motion for temporary orders. Once both parties have addressed the issues regarding temporary orders,.
The court will set a hearing and the parties and the attorneys will be present at that hearing. The attorneys will present their case before the commissioner and the commissioner will usually make a decision right there on the spot, in open court. If you don’t like the decision of the Commissioner, then you have 14 days to object to his order from the time that it’s given in open court. Now, sometimes the Commissioner won’t make a ruling right there in open court but the Commissioner will take it under advisement.
When the Commissioner takes it under advisement, heshe will later issue a ruling on paper and then you have 14 days from the time the Commissioner makes his ruling on paper to object to it and have the judge review the decision and make a decision of his own. Now remember, these are just temporary orders that are going to govern the relationship between the parties, and involving all of your request that you put in your motion for temporary orders, until the court has made its final decision. When we say.