Recent Posts in Modification of Child Support Category
| September 19, 2009 |
| Temporary Orders Related to Divorce Cases |
| Posted By Elias Lorenzana |
 |
Temporary orders as it relates to a pending divorce can normally dictate the terms on the following issues:
1. Child support;
2. Visitation;
3. Use of the homestead;
4. Use of community property, such as cash in bank accounts;
5. Spousal support (as applicable);
6. Freeze on the community debt;
7. all other issues related to a divorce case
Generally, as a matter of rule, temporary orders expire with the entry of a final judgment
and cannot function as a final disposition on an issue. Coke v. Coke, 802 S.W.2d 270, 273 (Tex. App.CDallas 1990, writ denied). However, a trial court may extend a temporary order in its final decree. See In re Lozano, No. 01-06-00655-CV, 2006 WL 2640634, at *3 (Tex. App.CHouston [1st Dist.] Sept. 14, 2006, orig. proceeding); Coke, 802 S.W.2d at 273; see also Mathis v. Mathis, No. 04-95-00386-CV, 1996 WL 668849, at *3 (Tex. App.CSan Antonio Nov. 20, 1996, no writ) (not designated for publication) (holding that trial court had discretion to continue temporary orders, which stated that they would continue in full force until the signing of the final decree or until further order of the court, after entry of decree).
On some occassion, there may be multiple temporary order hearings superseding prior temporary orders as parties attempt to gain better ground for each side of the divorce. This usually occurs with respect to contested child custody issues.
Although a temporary order may not supersede a judgment once the temporary order has expired, a trial court may enter temporary orders independently of the final decree. Coke, 802 S.W.2d at 273; see also Tex Fam. Code Ann. 6.502 (Vernon 2006). Additionally, the rendition of a divorce decree does not itself nullify any temporary order. See Ex parte Shaver, 597 S.W.2d 498, 500 (Tex. Civ. App.CDallas 1980, orig. proceeding); Villarreal v. Villarreal, No. 14-04-00071-CV, 2005 WL 3116218, at 4 (Tex. App.CHouston [14th Dist.] Nov. 23, 2005, no pet.). For example, a temporary order setting child support is superseded as to future child support obligations by a final divorce decree, but the obligation, as fixed by the temporary order, continues unless specifically modified by the provisions of the divorce decree. Shaver, 597 S.W.2d at 500; Villarreal, 2005 WL 3116218, at 4.
However, for most cases, if the final decree addresses all issues in a divorce case, then temporary orders usually are superseded by the final decree. Consult a Texas Family Law Attorney for your individual divorce and custody case evaluation. The Austin Texas divorce and family law attorneys of the Lorenzana Law Firm, P.C. can assist you in navigating your divorce or family law case. |
|
| Continue reading "Temporary Orders Related to Divorce Cases" ยป |
|
Permalink | Comments(0)  |
| |