At the commencement of an action for divorce or legal separation, the plaintiff shall file with the complaint an entry to be approved by the Court, which entry shall order as follows:

A.  The allocation of parental rights shall be granted during pendency of the action to the parent who in good faith has actual physical custody of the children. Where both parties are residing in the same household, a temporary parenting order need not be filed. If a temporary parenting order is granted to one party during the pendency of the divorce, then the non-residential party shall have companionship with the minor child(ren) as set forth in the applicable standard Companionship Plan of the Court.

1) The Court may award sanctions for abuse of this section.

B.  The non-residential parent shall be ordered to pay temporary support for the minor children which shall commence the first Friday following the filing of the Complaint. This temporary support shall be fixed as follows, either/or:

1) For one (1) minor child the sum of Fifty Dollars ($50) per week; fortwo (2) minor children the sum of Ninety Dollars ($90) per week; for three (3) or more minor children, the sum of One Hundred Twenty-five Dollars ($125) per week, unless modified under paragraph 9.2(D) herein.

2) If the income of both parties are known, a child support guideline work sheet shall be completed and filed with the temporary order and support shall be in that amount. Payment of support in an amount computed according to the child support guideline work sheet, where income of the parties is known shall be used instead of the standard support set out in paragraph (B)(1). Income figures on which the support order is based shall be included in the financial affidavit.

3) Any party may seek modification of a temporary child support order by motion which shall have attached to it a child support worksheet and financial affidavit, as required by these Rules. Any modification granted by the Court or Magistrate may be retroactive to the date the order was filed..

4) All child support work sheets that are submitted for the Court's consideration shall contain the words "submitted by Attorney ______________________" and shall contain a description as to the party the attorney represents.

5) All temporary support, whether child support or spousal support, shall be payable through the Ohio Child Support Payment Central (OCSPC), P.O. Box 182372, Columbus, Ohio 43218.

C  Where appropriate, the temporary judgment entry shall include an order that both parties shall attend Parenting Education Classes in the next session after the filing of the proceeding, or after service of summons, whichever is earlier.

D  Each temporary order shall also contain language restraining all parties to the action from annoying or harassing the other, either directly or indirectly, and prohibiting disposition of marital assets, and Plaintiff's counsel shall serve a copy of the order on Plaintiff.

E  If any party feels aggrieved by a temporary order made in accordance with this Rule, or if any party desires a temporary order with regard to spousal support or allowance for expenses, that party may file a motion with the Court. No such motion, however, will be heard by the Magistrate or the Court unless the party filing it has filed the appropriate financial and parenting proceeding affidavits required by these Rules. The Magistrate and the Magistrate's Administrative Assistant will give motions for temporary matters in pending divorces precedence on the hearing schedule, subject to appropriate notice to the opposing party and counsel, in accordance with statute

F.  Only in unusual and extreme emergency situations will the Court grant an order excluding one party from the marital home ex parte. In such situations, motion for ex parte exclusions must be supported by appropriate affidavit and the Court may require the party seeking such exclusion to appear and testify under oath before granting the order. An exclusion order shall be heard within fourteen (14) days of the granting of it by the Magistrate or by the Court as the Court directs.

G.  The appropriate Uniform Companionship Plan shall be attached to every temporary order issued by the Court upon filing of a divorce, dissolution or legal separation, or other actions or proceeding where companionship would be an issue.

H.  A status conference shall be set before the Magistrate approximately six weeks after filing of the temporary order. At the time of the status conference, all parties shall have the appropriate financial affidavits filed with the Court. The parties shall complete the current version of support form 9.0(G) and file with the court.

I.  All temporary orders filed pursuant to this rule will be filed as a Magistrate’s Order.