Create the Rules
Temporary orders are often drafted during contested divorce proceedings to keep everything running smoothly between two divorcing or separated spouses. These orders set forth specifics dealing with the “rules of the road” involving property, temporary child support and spousal support payments, and any child custody or visitation issues during the pendency of the divorce.
Almost every court requires mediation to arrive at Temporary Orders. If mediation is unsuccessful, a Formal Temporary Orders hearing is required. C. Eric Schmidt and team — located in Houston, TX — provide superior representation in temporary orders hearings to help you get what you want and need.
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The mediation or hearing will often deal with interim spousal support. As Texas is a community property state, the income that is being generated by both parties must be taken as a whole and allocated in a just and right manner.
Temporary spousal support is ordered when the spouse who earns more money is required to continue to support the other spouse, thereby equalizing the community property income until the divorce is finalized. Interim spousal support is ordered in the form of cash or direct payments to creditors such as a mortgage company. Your attorney from our firm will help you understand this type of support.
One of the most important decisions a temporary orders hearing addresses is your children and their special needs. Who’s paying and providing for the child’s health insurance, how much child support should be ordered, what the visitation rights are, and if the child will live with his or her mom or dad must be decided.
In almost every instance, courts mandate that parents take a parenting class, and we provide guidance and referrals with respect to your options regarding all of these issues.
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To determine payments and support, our attorneys help you fill out a financial information sheet. This summarizes your monthly income and expenses. You’ll also give information about your spouse’s income and expenses, and your spouse’s attorney will likewise provide this information. The financial information sheet helps the court make decisions about the marital property, who gets which vehicle, who gets what furniture, and who pays the bills.
If you and your spouse agree with each other on all the issues and there is only one attorney involved, then we call that an uncontested divorce, and you won’t need temporary orders in most cases. Simply use C. Eric Schmidt’s divorce services for the rest of the process.
Ultimately, whether temporary orders are required or not, our attorneys will help you understand precisely what you need to do. Call us at 281.550.6650 to speak with a temporary orders hearing attorney.