motion for order to show cause regarding temporary issues. Temporary issues may include parenting time, child support, spousal support, exclusive use of the home or vehicle(s), payment of expenses, suit money or other necessary issues. As the name suggests, a temporary order is temporary, not final. But the standard the Court follows to make a ruling is often the same as a final ruling after trial. Therefore, a temporary order is a barometer of what the Court will likely do during or after trial. Sometimes a temporary hearing can help adjust unrealistic expectations of either party going forward in negotiations. Temporary orders do more than simply resolve issues for the immediate future. The Court has now heard evidence in the case and made rulings. This gives the parties a better sense of what to expect at the trial and positions them for settlement. Armed with a temporary order and/or judgment, Smith may well be ready to negotiate a final resolution in his case. Alas, Smith is not ready to settle, he feels Cindy is still being unreasonable. So, what’s next? I’ll talk to Smith about settling limited issues. For instance, if the parties can agree on certain property distribution(s), we can put those stipulations on the record or enter a limited judgment. This can be useful to keep trial issues narrowed down to custody and parenting time, which is helpful in courts facing limited docket availability. Narrowing trial issues will also limit the time you will need in court, meaning your case can often be heard sooner. Aside from direct negotiations with the other side, we may also consider mediation or a settlement conference. Experienced mediators are often effective to bridge the gap between a client’s expectation and the reality they will face in trial. As their lawyer, you’ve probably told the client many times about what to expect at trial, and yet, hearing it from a neutral third party can be what they need to hear to move the case along. I didn’t necessarily intend this to be a primer on child support but while we’re on the topic, unmarried parents can always apply for child support through the Department of Justice (DOJ). If a party is awarded spousal support and is also receiving child support, the DOJ will assist in collecting both awards. Parents can file to modify the ”Oregon needs more family law attorneys. You are the perfect candidate. You know how to put together a case. You love advocating. … [T]here are a ton of deserving clients that need your help.” See Tools Lawyers Use p. 20 19 Trial Lawyer | Summer 2024
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