Motion for Temporary Orders
The motion for temporary orders applies to the marriage issues of James Steve and Anne Marry. James Steve is the petitioner, while Anne Mary is the respondent. The interested party to the case is the minor Steve Mary. The temporary order illustrates four issues; temporary spousal support, mutual injunctions, attorney and court costs, and protective order.
The petitioner is expected to provide monthly support to the respondent and the minor Steve Mary, during the temporary order duration. This is because the respondent and the minor depend majorly on the financial support of the petitioner. The expected monthly spousal support is valued at US$5,000.
The mutual injunction is that both parties are prohibited from making cash withdrawals from the joint account that they have with the commercial bank. Withdrawals can be made after getting express authorization from the court.
The fees for the attorney and the court costs should be solely catered for by the petitioner. This is because he is the person leading and encouraging the court process. The budgeted court costs and legal fees for the respondent side are valued at US$6,000.
The restraining order illustrates that the petitioner is not supposed to communicate with the respondent in person. Only one daily telephone conversation is appropriate. The petitioner and the respondent are prohibited from falsifying the property or debt record related to either party.
Proposed Order
The proposed order approves all the issues raised in the temporary order, and also ensures effective compliance and implementation by all the parties involves in the legal proceedings. The proposed order must be observed, until the court orders otherwise.
The petitioner will provide the monthly support valued at US$5,000. This will ensure that respondent adequately meets her financial needs, and that of the minor. The education, health, transportation, security and basic needs expenses, of the minor and defendant will be catered for through the financial support.
The mutual injunction against cash withdrawals from the joint account should be observed during the entire court proceeding duration. This enables the court to determine the cash inflows and also outflows in the family estate.
The court and legal fees of the defendant must be catered for by the petitioner. This is because he is the party that initiated the divorce proceedings. The respondent has also directly depended on the petitioner for financial support, during the entire marriage duration.
The restraining order limits direct communication between the parties involved in the court case. This must be adequately observed to hinder threatening communication between the petitioner and the respondent. Falsification of property records by either party will be subjected to further appropriate legal proceedings.
Inventory of Debts and Property
The marital estate comprises several properties, business, cash and debts. The total valued of the marital estate is illustrated by the accountant as US$650,000.
The family house is worth US$150,000 at the current rates of the housing market. The cash in the joint saving account is US$130,000. The family van is worth US$50,000 after calculation of the depreciation value.
The petitioner and the respondent are co-partners in a clothing business valued at US$150,000. The couples are currently implementing a commercial building project estimated at costing US$300,000. The family injected US$170,000 in the project, as initial capital, from their joint savings.
The family secured a bank loan for US$300,000 to further finance the commercial building project. The loan is currently being financed through the family business income.
Last Completed Projects
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