Can a family court judge enforce a temporary order?
Rule 241 (b) (6 & 9), SCACR. Despite this, the family court shows little restraint in using civil contempt sanctions, including incarceration, to enforce temporary orders. Given the rules that structure temporary hearings, it is not surprising that family court litigants often believe temporary orders are unjust or ask the impossible.
What is a temporary order in a divorce?
Nearly every divorce or custody case will involve some form of temporary orders. Like it sounds, a “temporary order” is an interim order that is controlling as long as your divorce is pending or until the court issues a final order. Even though they’re not permanent, temporary orders are just as binding as a permanent order.
When does a spouse need to enforce a court order?
A spouse may need to enforce a court order if the other spouse is not complying with a material provision of the decree. For example, the other spouse may not be paying spousal support or child support.
Can a judge order a spouse to pay temporary spousal support?
Temporary Spousal Support (Alimony): If one spouse needs financial help during the divorce, the other spouse might be ordered to pay temporary alimony. Temporary Exclusive Possession of the House: A judge can decide which spouse should temporarily live in the house if the parties are unable to live together during the divorce.
How does a temporary order in divorce work?
When a couple gets divorced they typically separate, which usually involves one person moving out of the marital home. However, because divorce cases can take a year or more to resolve, the court can issue temporary orders for issues such as child custody and support, as well as the financial support of a former spouse.
A spouse may need to enforce a court order if the other spouse is not complying with a material provision of the decree. For example, the other spouse may not be paying spousal support or child support.
Can a court modify a temporary support order?
The court will put its decision into a written order, which both spouses must follow. To modify a temporary support order later, a spouse will need to prove there’s been a substantial change in circumstances, which justifies increasing or decreasing the support amount.
Temporary Spousal Support (Alimony): If one spouse needs financial help during the divorce, the other spouse might be ordered to pay temporary alimony. Temporary Exclusive Possession of the House: A judge can decide which spouse should temporarily live in the house if the parties are unable to live together during the divorce.