If there is such danger surrounding the temporary support order, why don the courts fix the problem?
A. The court does the best it can in the circumstances. The temporary support order is determined upon an emergency basis upon the basis of conflicting statements in affidavits. There is often no way for the court to determine which written affidavit is correct. The issue of who is telling the truth often has to await the trial, when the witnesses testify in open court and subject themselves to cross examination. The trial court then assesses their demeanor and makes findings of fact as to who is telling the truth. So on the temporary support order the trial court does the best that it can on a temporary basis, by making a rough accommodation of the reasonable needs and resources of the parties.
