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What are Interim or Temporary Orders in a Carlsbad Divorce?

On Behalf of | Nov 18, 2019 | Divorce

What are interim or temporary orders in a Carlsbad divorce?  Once a divorce case has been filed and the “respondent” is served copies of the paperwork there is often an initial hearing to establish temporary or interim child custody and parenting time and spousal support payments.   These findings may also extend to community property and child support as well.

The interim or temporary orders initially issued by the Court will usually remain in force throughout the divorce process which will take at least six months, and often more than a year in Carlsbad.  This is why it is so important to contact the experienced Certified Family Law Specialists at Burke & Domercq immediately upon receipt of divorce paperwork or call 760-389-3927 to schedule an appointment.

Initially California’s child support laws represent an “income share” designed to ensure the children continue to enjoy the standard of living they are used to as this is in the “best interests” of the children.  While the child support guideline is quite complex these calculations are often quite mechanical.

Spousal support is much less defined in California law, and the initial or temporary spousal support order will be based upon many factors including, but not limited to, the duration of the marriage, the income of each party and the “Status Quo” or economic standard of living prior to the filing of the divorce.  In many cases the Judge may consider what is known as the “Santa Clara Formula” which is basically 40% of the payor’s net income minus 50% of the recipient’s net income.

The issuance of interim or temporary orders in a Carlsbad divorce is not an automatic process as each side may present evidence to support or rebut financial need.

The interim or temporary orders will have an impact upon the ultimate resolution of the case, and it is important to work with the experienced Certified Family Law Specialists at Burke & Domercq to protect your financial interests as well as your custody and parenting time goals.