One of the first hearings that someone going through a family law case usually attends is the Temporary Orders Hearing. This hearing is usually requested or scheduled in one of two ways. The parties will request this hearing either during the Initial Status Conference (ISC) or by filing a motion. Before the actual temporary orders hearing, the parties must have a good faith settlement conference to discuss the contested issues for the proceedings.
A Colorado Springs temporary orders hearing lawyer could help you through this process if you need a short-term action in place. Our dedicated family attorneys could offer guidance on what types of orders may be applicable to your case and explain your legal options.
Colorado Revised Statute §14-10-108 provides the guidelines and law on Temporary Orders. This statute describes the various issues that a temporary order could address during a divorce case. The goal is to help maintain the status quo until the Final Orders Hearing. Some of the issues that a Colorado Springs attorney could help someone address during a temporary orders hearing include:
Temporary payment of debts refers to how a court could demand the payment of debts such as credit cards, the mortgage or rent payments, car payments, insurance, or other miscellaneous loans.
Temporary use of the property is an issue that arises when two parties are still living in the same home during the case. During a short-term orders hearing, the court can request one party to stay in the home and another to move out. Additionally, the court may order sale of the property, but only if there is evidence that it will be lost if it is not sold.
There are multiple factors that the court must analyze in awarding temporary spousal maintenance. Some of these factors may include the financial resources of the requesting and paying parties, the lifestyle of these individuals during their marriage, the distribution of marital property, the income and employment of both parties, the duration of the marriage, the age and health of the spouses, as well as many others. Additionally, the court shall consider the payment of family expenses and debts.
Temporary parental responsibilities and parenting time must be ordered and allocated per the best interest of the child as defined by state law. A temporary orders hearing could help decide on a short-term basis who the children stay with and how decision making is defined between the parents.
Temporary child support can be ordered and ruled on as well. At a temporary orders hearing, the court could demand retroactive child support to the date of the parents’ separation or the filing of the petition or service on the respondent, whichever is later. An attorney in Colorado Springs with experience handling temporary orders hearings could help someone protect the best interests of their children during these proceedings.
In Colorado Springs, payment of attorney fees is based upon the immediate financial need of the requesting party. At a temporary orders hearing, a party may request payment of their attorney fees and costs. The court analyzes the financial need of the requesting party to determine whether an award of attorney fees and costs is appropriate.
Remember that the goal of these hearings is to help the parties keep the status quo until the divorce is final. Therefore, it is important to remember that this is not a final resolution of the issues in a case. These proceedings should be a place holder for the issues in a case until you can come to final resolution with your ex-spouse at the end of the case.
If you are thinking about requesting one of these hearings or have one coming up, please contact the Colorado Springs temporary orders hearing lawyers at Springs Law Group LLC. During your initial consultation we could discuss the best steps in preparing for this part of the process.