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Florida Family Law

How to Request Temporary Child Support?

How to Request Temporary Child Support in Florida?

 

One of the most litigious issues a divorcing couple deals with is determining a fair and sufficient amount of child support that a spouse will have to pay. The court establishes child support based upon its examination of the testimony, income, and financial evidence of both spouses and usually orders one party to pay child support when the divorce proceedings are finalized.

Unfortunately, a divorce proceeding can be a lengthy process. If a party is struggling to financially support their child and cannot wait until the conclusion of the divorce, then he or she may request temporary relief in the form of temporary child support.

What Is Temporary Relief?

In order to keep divorce cases running smoothly, temporary relief can be ordered by the court to ease tensions and provide structure. Temporary relief is designed to protect the best interest of a child and comes in many forms, such as temporary exclusive possession of the home, temporary custody of a child, or financial assistance in the form of temporary alimony or child support until the divorce is finalized. An order granting temporary relief in the form of child support will provide one parent temporary financial support for the parties’ minor children.

Requesting Temporary Relief by Motion

For a party in a pending divorce action to be awarded temporary child support or other relief, a motion must be filed with the court along with a financial affidavit outlining the party’s financial details. The motion must include:

  • the facts supporting the request for temporary relief
  • a sworn declaration by the requesting party as to the truthfulness of the motion
  • a “certificate of service” paragraph that indicates all relevant motions and financial documents were delivered to the other party

It is also helpful to prepare a proposed order for the court to sign that details the type of relief being sought and why it is entitled.

Temporary child support can be modified if there is a change in circumstances of the child or the parties. Circumstances that warrant child support modification can include the onset of a serious illness, a promotion, a demotion, a loss of a job, or a change in time-sharing (i.e., visitation).

Get Quick Relief

One mistake in motioning for temporary relief can delay the process or ensure that your request is denied. If you’re considering divorce and would require immediate legal relief, or if you have already filed for divorce and require relief, arrange a consultation with one of our highly experienced Orlando child support lawyers. To learn more, please contact The Roberts Family Law Firm today at (407) 426-6999 or fill out the contact form located on this page.

Family Law Attorney in Orlando Benjamin Burnstine

Benjamin Burnstine
Family Law Attorney

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