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Rule 23: Temporary Support

(A)      PURPOSE
The purpose of a temporary support order is to maintain the present financial status quo of the parties’ joint or separate households during the pendency of the divorce proceeding.  Each party is required to provide proof of his or her income in order for the Court to issue a temporary support order.  Failure to cooperate fully may subject a party to sanctions.

(B)
   WHEN FILED.
A request for a temporary support order may be filed with the pleadings or at a later time.  The allocation of parental rights and responsibilities for minor children of the parties will be addressed in accordance with Local Rule 32. 

(C)   CONTENT OF MOTION.
    (1)  A request for a temporary support order must be made by written motion stating the nature and amount of the relief requested (child support, spousal support, payment of specific debts and/or expenses), together with a sworn affidavit of the movant showing the parties’ gross and net disposable income(s) and those expenses which the movant is actually paying.  A Motion for Temporary Support with Affidavit and Notice is available on the Court’s website.

    
(2)  Opposing a Motion.  A party opposing a motion for temporary support must file and serve a counter-affidavit within fourteen (14) days after receipt of the temporary support motion. The sworn counter-affidavit must contain the parties’ gross and net disposable income(s) and those expenses which the non-moving party is actually paying.  A Counter-Affidavit with Notice is available on the Court’s website.

(D)      FILING AND SERVICE. 
The motion must be filed with the Clerk of Courts.  A copy of the motion and affidavit must be served on the opposing party or his/her counsel either with the pleading by the Clerk of Courts or by U.S. mail by the movant.  The counter-affidavit must be filed with the Clerk of Courts and a copy served on the moving party or his/her counsel by U.S. mail.  

(E)      PROCEDURE.
    (1)  At the Court’s discretion, a motion for temporary support will be scheduled before the assigned Judge or a Magistrate.  Parties and counsel, if any, must attend the temporary support hearing.  No testimony will be taken at the temporary support hearing.

    
(2)  Prior to or at the temporary support hearing each party must submit documents verifying earnings and other income, including a party’s last four (4) paystubs and the prior year’s federal income tax return, with all supporting W-2’s, 1099’s, schedules and other attachments.  If there are minor children, each party must submit copies of existing administrative or court support orders, a Health Insurance Affidavit, a completed child support computation worksheet and verification of the following:  work-, employment-training-, or education-related child care expenses, mandatory work-related deductions, and overtime, bonuses and commissions for the prior three years.  Other relevant documents may be submitted.

    
(3)  Copies of all documents submitted to the Court must be exchanged with the opposing party or counsel, if represented.

    
(4)  After the temporary support hearing, the Court shall issue a Temporary Support Order upon the motion, affidavits and documents submitted.  The order will be mailed to all parties and counsel, and may be effective as of the filing date of the motion or any other date the Court deems appropriate.

    
(5)  Upon issuance of an order, either party may file a request for oral hearing to modify or change the support order pursuant to Civ.R. 75(N).

(F)   ORAL HEARING.
    (1)  The purpose of the oral hearing required under Civ.R. 75(N) shall be to permit each party to argue why the order issued upon the motion, documents and affidavits should or should not be modified, and to submit additional documents for the Court’s consideration.  The oral hearing shall not include witnesses or testimony, except under special circumstances and at the discretion of the Court.  Each party will be allotted no more than 30 minutes for argument.  Additional time may be allowed in the Court’s discretion only upon a showing of good cause.

    (2)  Requests for leave to submit additional documents for consideration after the oral hearing will not be granted, absent special circumstances.

    
(3)  Parties, if represented, shall attend the oral hearing unless, for good cause shown, their attendance is excused by the Court.

    
(4)  Any modification of a temporary support order following oral hearing may be effective as of the date of the original order or any other date the Court deems appropriate.

(G)   PARTIES RESIDING TOGETHER.  
When the parties are living in the same household, the Court may make an order of Temporary Spousal Support and/or allocating the payment of debt and household expenses.  Temporary child support will not be granted when the parties reside in the same household without a showing of special circumstances. 

(H)   CONTINUANCES. 
More than one continuance of a temporary support hearing or oral hearing will only be granted at the Court’s discretion upon a showing of good cause.  No hearing or issuance of a Temporary Support Order will be delayed to permit parties to conduct discovery specifically related to a temporary support order.

(I)      FAILURE TO APPEAR AT HEARING.
Failure of a party, or counsel if represented, to appear at a temporary support hearing or oral hearing without prior leave of Court may result in dismissal of a party’s motion or issuance of a Temporary Support Order based upon the affidavits and documents of the party present.

(Effective February 1, 2013.)

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