SAMPLE OF A MOTION FOR TEMPORARY ORDERS
STATE OF (insert name of state)
(Insert name of county) COUNTY FAMILY COURT
DOCKET NO. (Insert number)
DALE ANASTASI, )
Plaintiff ) PLAINTIFF’S
) MOTION FOR
v. ) TEMPORARY ORDERS
)
CARL ANASTASI, )
Defendant )
)
NOW COMES DALE ANASTASI, Plaintiff in the above-captioned matter, and respectfully moves for temporary orders of child custody, child support and maintenance pursuant to (cite statute authorizing action by the court) and states as reasons therefore the following:
  1. The parties were married on July 18, 1995 in Madison, Wisconsin, and have been married for twelve years. There is one minor child of the marriage, Lauren Elizabeth Anastasi, age seven (7) born on January 6, 1999.
  1. The Plaintiff has filed a Complaint for Divorce based on irreconcilable differences that have led to an irremediable breakdown of the marriage pursuant to (cite the statute).
  1. Throughout the marriage, the Plaintiff has been the primary caretaker of the parties’ home and the minor child. The Defendant, Carl Anastasi, has been the primary financial provider for the family.
  1. The Defendant has managed the parties’ finances during the marriage and the Plaintiff has no assets, income or accounts in her own name.
  1. The Plaintiff has limited vocational skills and has not been employed outside the home during the twelve year marriage based on an agreement of the parties that she would dedicate herself to homemaking and care of any children they might have.
  1. The Plaintiff continues to reside in the marital home with the children. The husband has departed the marital home and, based on information and belief, is living with his brother’s family.
  1. In addition to the necessaries of food, clothing, shelter, and medical attention, the Plaintiff’s property maintenance and household expenses require substantial support and maintenance as detailed in her Affidavit in support of this motion which is attached hereto and herein incorporated by reference.
  1. Based on information and belief and the financial statement he has submitted to the Court, the defendant’s income is substantial and enables him to adequately provide for the Plaintiff, the minor child, and maintenance of the marital home.
WHEREFORE, the Plaintiff, Dale Anastasi, respectfully requests that this Honorable Court order the following:
  1. Temporary shared legal custody of the minor child and physical custody to the Plaintiff with reasonable rights of visitation to the Defendant.
  1. Temporary child support in an amount consistent with the Child Support Guidelines.
  1. Maintenance of the existing Prudential Insurance Policy on the Defendant’s life for the benefit of the minor child.
  1. Maintenance of existing medical and dental insurance by the Defendant for the Plaintiff and the minor child.
  1. Payment by the Defendant of any reasonable medical, dental, optical, and pharmaceutical expenses of the plaintiff and the minor child not covered by insurance.
  1. Temporary spousal support to the Plaintiff based on the parties’ respective financial statements filed with the court which are herein incorporated by reference.
  1. Payment by the Defendant of the mortgage and taxes on the marital home, in which the Plaintiff and minor child continue to reside.
  1. Such other relief as the Court deems just.
Respectfully submitted,
Dale Anastasi
By her attorney,
Date:______
Attorney’s name
Attorney’s address
Attorney’s telephone number
Attorney’s Bar number
CERTIFICATE OF SERVICE
I, (Plaintiff’s Attorney), hereby certify that I have today served the above Motion for Temporary Orders and accompanying Affidavit, and Proposed Order on the Defendant, Carl Anastasi, by first class mail to the office of his attorney, (name and address of defendant’s attorney), together with notice that the Motion has been marked for hearing before the presiding Justice sitting in the _____name of court______Court at 8:30 am on Monday, December 3, 2007.
Date: ______
Name of Plaintiff’s Attorney