Temporary Orders in Massachusetts

Divorce and family law cases in the Massachusetts probate and family court are unique insofar as the Court has the power to enter temporary orders on the ultimate issues in the case, such as alimony, child support, legal custody, the parenting schedule, and a myriad of other topics. In a typical lawsuit, no orders enter until the case has reached a conclusion by way of a trial or settlement. Temporary orders can be critical in establishing the ground rules for how a couple or family manage finances and parenting while a case is pending, especially in high-conflict cases.

Financial Issues

Relative to financial issues, both parties are required to file financial statements with the Court under Supplemental Rule 401. There are two versions of the financial statement: the short form for individuals who earn less than $75,000 per year, and the long form for those who earn $75,000 or more per year. It is critical that a party complete the form truthfully, accurately, and completely; the financial statement can be the most important document that is filed in a divorce or other family law case. The Court relies on the financial statements to calculate child support and alimony, as well as to decide other financial issues which arise in the case. For example, the Court may enter temporary orders regarding which party will be required to pay the mortgage, utility, daycare, education, and other expenses while a case is ongoing.

Child-Related Issues

Relative to child-related issues, when issuing temporary orders, the Court will determine what is in the children’s best interests. Typically, the Court strives to avoid unnecessary disruption in the children’s lives and will seek to ensure that both parents have ample parenting time with the children. However, when a case involves parental behavior that places children at risk of emotional or physical harm, such as abuse or alcohol/substance use disorders, the Court will likely enter orders which place limits on parenting time. The Court may order that one party’s parenting time must be professionally supervised, or supervised by a friend or family member, or that a party undertake therapy or treatment for a substance use disorder. The Court may order one party to vacate the family home. In sum, the Court has broad discretion in entering orders relative to children.