At the hearing on her temporary motions, the court will make decisions that will be in place until a final settlement is reached. You should be represented by an attorney at that hearing. Without proper representation, it is likely that she and her attorney could convince the court to grant her motions. Prior to the hearing, you should respond to each of the motions that she has filed. This allows the court to see your position prior to the hearing. Your attorney can help you with this. In light of your financial situation, you should argue that you cannot afford to move and since she is making more money than you that you, not her should be awarded temporary spousal support. As for custody and parenting time, if both of you have been active in the childrens' lives, you should be seeking joint legal and physical custody with equally parenting time. Again, the time to obtain an attorney is now, not after the hearing.
Answered on Nov 20th, 2012 at 4:18 AM