After filing the Divorce Petition
you may want to do what is called “Temporary Orders” through the court. This is
what is done to establish child support, alimony, and asset division during the
pendency of the divorce, or until the divorce is final. The reason you would
want to move for temporary orders is so that you have means in order to live
during the pendency of the divorce. These orders are usually sought by the spouse
that makes less money, or a stay at home mom. These orders are not permanent.
The Orders only last until the divorce is made final.
Temporary Orders are decided by the
Commissioner. The Commissioner will listen to arguments made by the attorneys
and establish what will be done until the Divorce is final. The child support
will be established by the guidelines set forth by law. Utah has established
what child support will be based on how much each parent makes and by how much
time each child or the children will spend with each parent. The more time you
have your children the less in child support you will pay.
The Commissioner will also decide
which parent will have primary physical custody of the children. The
Commissioner will listen to arguments about which parent should be allowed to
have primary physical custody, and then the Commissioner will make a decision.
Again, this is not permanent, it only lasts until the divorce is final. Another
important issue is who gets the home during until the divorce is final. If one
spouse has not moved out of the house, then it can become quite a heated issue.
Usually the spouse that is awarded the home becomes responsible to pay the
mortgage.
The parents can decide all of these issues without involving the court. Each parent through their attorneys can decide a visitation schedule, child support (usually according to state guidelines), and alimony if needed. If the parties cannot agree, it is usually submitted by motion to the Court.
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