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How do I file temporary orders for support and maintenance while waiting for a divorce hearing date?

Aurora, CO |
Filed under: Divorce Alimony

My husband has delayed our divorce case twice now. He was abusive in our relationship and I believe this is a way to try to maintain control. He even ignored a Delay Prevention Order from the court and did not file any required paperwork. He has now retained an attorney who is buying him more time. I need to be sure my son and I will be ok until the final hearing. I need orders for child support and maintenance. Any help would be greatly appreciated.

Attorney Answers 3

Posted

You need to obtain an attorney immediately and request a Temporary Orders hearing so that you can request the Judge to Order him to pay emporary mainteance, child support, and any other obligations that are reasonable an necessary for you and your children such as utilities, credit cards, and car payments, etc.

The court can also determine a temporary parenting plan. The Temporary Orders are just that – temporary. The Temporary Orders will remain in place until Permanent Orders are issued.

Getting well drafted and effective temporary orders in place will also minimize his attempt to control you.

Glen B. Goldman, Attorney

The information provided in this answer does not create an attorney-client relationship. If you are interested in obtaining legal services, feel free to call Divorce Matters at 720-542-6142 to schedule a consultation.

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Posted

You do not want to represent yourself if your husband has retained counsel. Mr. Goldman is spot on. Give him or me a call to schedule a consultation and consider retaining skilled family law counsel to assist you with this difficult process.

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Posted

You state you are in Aurora, so I'm going on the presumption that your case is in Arapahoe County. You may go on the Court's website and look at the forms under the miscellaneous forms tab. There is a blank "general motion" form which you can use to request temporary orders.
HOWEVER, you have a duty to confer with the other side, which means that you must call his attorney and talk to him about your request that you have temporary maintenance and child support, and temporary custody.... There are rules about how temporary maintenance is calculated as well as calculations for child support. It would be best if you understood those before you called.
Please, at least call an attorney and ask for a free consultation. It is important that you have your ducks in a row so you are adequately protected.
I have attached a link to the court's website for the motion format. When you file a motion, you need to send the opposing attorney a copy, and you'll need to call the court clerks to determine the process for setting a hearing.
Please call an attorney in your area to discuss these issues.

This legal information is provided for general legal purposes and does not establish a client-attorney relationship. Because of the limited information provided in the question, it is difficult to be certain that Counsel is answering the question correctly. You are encouraged to seek further information from an attorney directly so that follow up questions may be asked if necessary.

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