Legal Question in Family Law in California
On an ex parte hearing show of cause, can the petitioner get temp spousel support right then?
4 Answers from Attorneys
If this issue is scheduled to be heard at the ex parte hearing, then the answer is yes.
I would disagree, at least in either Riverside, Hemet or San Bernardino. In the courts in which I practice the courts always say that monetary issues are not emergencies which may cause irreparable harm. So they refuse to hear spousal support at an emergency hearing.
As you can see from the previous posts, it really depends on the discretion of the judge. Ex parte applications are generally supposed to be limited to emergency matters. I have seen judges grant spousal support on a pendente lite basis at an ex parte hearing, because those judges felt there was a sufficient showing of emergency. I have also seen judges rule that the showing was not an emergency, and could be brought by way of a noticed motion or an order to show cause.