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Temporary Orders
by: Montana Legal Services Association (MLSA)

This document contains information about temporary orders that may be available to you while your dissolution or parenting action is pending.

Is there a way to get a temporary parenting plan while I am waiting for my final dissolution or parenting plan?

Yes. You can ask the court for an Interim Parenting Plan to outline the living arrangements for the children while you are waiting for the court to issue the Final Parenting Plan. You may want an Interim Parenting Plan if you feel that your children are in imminent danger of being "snatched" by the other parent.

Can I get temporary support for myself or my children while I am waiting for my final dissolution or parenting plan?

Yes. If child support has not been established already and you need money from the other parent to take care of the children while your dissolution is pending, you can ask the court for Temporary Child Support.

In addition, if you have been married to your spouse for several years and need temporary financial assistance, separate from child support, you may want to ask the court for a Temporary Maintenance Order.

You also may request a Temporary Family Support Order which, if granted, is effective while your dissolution is pending. This order is not meant to eliminate orders for temporary maintenance or temporary child support. A Family Support Order puts a "holding pattern" on the marital estate while property and debt issues are being decided. The Order gives the court the power to pay marital bills based on the income and assets of both parties. The court may order one or both parties to sell assets in order to pay bills, if necessary (M.C.A. § 40-4-121).

How do I get these temporary orders?

If you would like more information about getting one of these temporary orders, you should speak to an attorney.

Revised 7/02

Call the MLSA HelpLine for legal assistance:
(800) 666-6899

Montana Legal Services Association
616 Helena Ave, Suite 100
Helena, Montana 59601
(406) 442-9830
(800) 666-6124

Last Reviewed On: 01/03/06

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