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CHANGING THE TEMPORARY ORDER

How to Change Your Temporary Order

Getting divorced in Vermont can take quite a bit of time. You probably already know this, because here you are, reading about how to get your "temporary" order changed. It doesn't seem very temporary, does it?

Sometimes you need to get a Temporary Order changed before you get a Final Order. Examples of things you might need to change include:

 

Anything in the Temporary Order can be changed by your judge. Most of the time, however, it is Spousal Maintenance or Child Support that become the source of further disagreement and problems while your divorce or parental responsibility case is waiting for a final order.

 

If you do need to change Child Support or Spousal Maintenance during the divorce, the standard will be the same as for changing those items after a Final Order. You will have to show that there has been real change (a "real, substantial, and unanticipated change" in lawyer-language) in your situation since the time the judge signed the temporary order.

 

How do I Ask the Judge to Change my Temporary Order?

First, file a "Motion to Modify Temporary Order" with the court. After you file this paper, the judge will probably set a date for a Status Conference to talk about why you need the order changed and then schedule another Temporary Hearing.

  • Download Form 843 here to ask to change your Temporary Order by filing a "Motion to Modify Parental Responsibilities and Child Support

  • Download Form 803 here to ask to change your Child Support Order by filing a "Motion to Modify Child Support."

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