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Temporary Orders: What are They and Why do We Need a Hearing?

October 4, 2011 | by Guest and Gray Law Firm

Temporary Orders arise in several situations. In divorce cases, either you’ve recently filed for divorce or been served with a petition for divorce. In suits affecting the parent-child relationship, temporary orders can arise in the initial proceeding and in cases where you or your ex are seeking to modify the court’s final order because you’re seeking to get expanded visitation, change conservatorship, etc.

In order for temporary orders to be entered by a court, a party must first file a petition or motion for temporary orders and there must be a hearing. In family law, often this is the first hearing that the parties will attend in front of a judge and it might even be the last one if the final order is agreed upon and all that is necessary is a judge’s signature.

Temporary orders are an important stepping stone in family law cases because they serve several purposes while the case is actually pending such as specifying conservatorship, visitation with the children, ordering a party to make payments of child or spousal support as well as debts and interim attorney’s fees. The court can also order who has possession of what property while the case is pending and where the parties are to live. Also, the court can forecast what is to come in the case and set deadlines for the parties to meet. Often times, the final orders are contingent upon these deadlines.

Standing Orders in Divorce Cases–What is to be Expected?

October 4, 2011 | by Guest and Gray Law Firm

Your attorney at Guest & Gray has successfully filed a petition for divorce or petition in a suit affecting the parent-child relationship. However, there are standing orders attached to the newly filed petition and you aren’t sure what it all means–there are several restrictions listed and you want to be clear on what you and your ex can and cannot do with regards to each other and any children of the marriage. In fact, these orders must now be attached to all petitions for divorce in Kaufman County. For 14 days after filing, they act as a temporary restraining order. As long as neither you nor your ex complains about them to the court, after the 14 days, they turn into a temporary injunction. This just means you can’t do any of the stuff listed while your case is ongoing.

Some things prohibited may not be applicable to you, but it’s still wise to be informed because it may come up with your ex and then they would be in contempt of court orders.

1. No Disruption of Children:

Enforcement of Morality Clause: A Frequent Issue in Texas Divorces Involving Children

October 4, 2011 | by Guest and Gray Law Firm

You are divorced and have your decree issued by a judge in Dallas, Kaufman, or a contiguous county and you thought you would never have to deal with your ex ever again, besides the occasional conversation about your child(ren). You want as little to do with them as possible and you’re happy just knowing that your child(ren) have a stable routine. But, imagine this scenario:

Your child Little Johnny or Mary comes home after visitation with their mother/father and reports that your ex-spouse has a new live-in boyfriend/girlfriend and he/she is over there all the time while the kids are there and maybe even wants the children to call them “Mom” or “Dad.” You are angered by this information because you do not want a strange adult near your children, let alone in the same house with them while they are staying with your ex. You do not want to send your children back to their mother/father’s house while this stranger is there also. You are wondering what your legal rights are from this point. You want to protect your child(ren) and you want to ensure that they do not incur any psychological issues as a result of interaction with this person. So, you call your attorney at Guest & Gray and ask “What can I do to keep this person away from my kids while they’re visiting their mother/father?”

Our response is to immediately look to see if your divorce decree includes a “Morality Clause.” Typically, you will find that your ex agreed to not have any unrelated adult with whom they have a dating or intimate relationship stay in the same residence while he/she is in possession of your child(ren) within a certain time frame (usually indicating no overnight stays with that person).

Refusal to Pay Child Support: What are your rights to make them pay?

October 4, 2011 | by Guest and Gray Law Firm

Child support arises in divorces and in suits affecting the parent-child relationship. In these cases, the court orders the parent not designated as the primary conservator to pay child support (usually monthly) and to maintain health insurance for the children. Chapter 154.125 of the Texas Family Code contains statutory guidelines for the amount of child support that this parent has to pay and it is based upon the amount of net resources that this parent has as well as the number of children that need the support. It starts out at 20% and then goes up in 5% increments–1 child = 20% of the obligor’s net resources, 2 children = 25% of the obligor’s net resources, and so forth. However, there can also be reasons that the court would deviate from this guideline and order the obligor (parent paying child support) to pay more or less than this. For instance, the Texas Family Code permits higher child support when a child has special physical or mental needs. For example, if the child has severe asthma and allergies which require allergy shots and medication or if the child has a learning disability and requires educational services. When the court does deviate from the guidelines, the judge must state in the orders the reason for doing so. The person ordered to pay child support must do so, as stated in the Texas Family Code Section 154.006, until the child turns 18 or graduates from high school.

Let’s say that you’ve been to court, you’ve gotten your divorce decree or final order from the court laying out all the rules that the parties must follow and it’s a few months later or maybe a year, and the obligor has yet to pay a dime in child support. In fact, a rising issue in Texas, particularly in the Kaufman County and East Texas regions, is parents refusing to pay the child support they owe–you can tell them how much they owe until you’re blue in the face, and they still won’t pay. So, you call your attorney at Guest & Gray, and they tell you the options of how to get your ex to pay.

When someone is delinquent in their child support, it’s called arrearages. There are several things a court can do to that person. In fact, there are a few options authorized by the Texas Family Code.