Do You Need Temporary Child Support During Your Florida Divorce?

When two parents get divorced in Florida, the parties will inevitably need to adjust their financial situations to account for going from one household to two. Just because only one parent stays in the house with the kids, however, doesn’t mean that the other is off the hook when it comes to helping financially support their children. In fact, a parent with primary custody of the couple’s children doesn’t need to wait until the divorce is finalized to ask for such support (in the form of a permanent child support award), but can ask for assistance while the proceedings are still pending.

Motions for Temporary Child Support 

A parent who finds him or herself with primary custody of his or her children while a divorce is pending can ask the court for financial assistance from the other spouse by filing a motion for temporary child support. The same principles apply in these cases as when two parents are seeking permanent child support, which means that the court will use specific child support guidelines, which take into account the parents’ combined net income, the number of children being supported, and how much parenting time each parent exercises. This in turn, will require strong proof of income, including:

• A financial affidavit;
• Federal and state income tax returns;
• W-2, 1099, and K-1 forms filed the past year; and
• Pay stubs and other proof of earned income for the last three months.

These disclosures will need to be served on the other co-parent at the same time that the motion for temporary child support is filed. However, because temporary support-related matters are usually urgent, courts are more willing to make decisions upon abbreviated hearings and limited evidence, such as the financial affidavit alone.

Ordering Temporary Child Support in a Florida Divorce 

In Florida, a judge’s decision to award child support often happens months after the request was initially filed. In these cases, courts can award retroactive child support that goes back to when the motion for temporary support was initially filed. Furthermore, if the parties are still residing in the same home, then judges can take mortgage payments and other housing expenses into account, considering them contributions for the purposes of child support, as they reduce the child’s living expenses. Finally, it’s important to keep in mind that temporary support orders are, as their name suggests, temporary. This means that they don’t actually create vested rights and they can be modified or even vacated at any point in time.

Call Today to Set Up an Initial Case Review

If you require temporary child support while your divorce is pending, look no further for legal assistance. At the law offices of Sandra Bonfiglio, P.A., an experienced Florida child support lawyer can help you request financial support by filing a motion with the court. To learn more about how we can help with your own case, please call our office at 954-945-7591 or send us an online message today.

Sources: 

floridarevenue.com/childsupport/child_support_amounts/Pages/child_support_amounts.aspx

flcourts.gov/Resources-Services/Office-of-Family-Courts/Family-Court-in-Florida/Family-Law-Forms/Temporary-Support-12.947-Forms-A-D/Motion-for-Temporary-Support-with-Dependent-or-Minor-Child-ren