Temporary Orders - FAQ's

Is evidence of cruelty, adultery or other fault in the break-up of the marriage admissible at the hearing on temporary orders?

If the moving party is requesting temporary spousal support, this is considered a temporary division of the community estate and evidence of fault is admissible.  Typically, the court will examine the living expenses incurred by each party and the income each earns.  To the extent that one’s income exceeds his expenses, the court would award some portion of the excess to the moving party as temporary spousal support.  The amount awarded, including child support, if any, cannot exceed fifty per cent of the party’s net resources.

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