Florida family law courts have the power to provide temporary relief at an early stage in a case. One parent can request that the court enter a temporary child support order. Before a temporary relief hearing, courts often require parents to go through mediation. If the parents cannot agree to mediation, the case proceeds to a temporary relief hearing, at which a judge makes the decision.
Temporary child support, temporary relief may include an emergency child support order, as well as provisions determining which parent will have possession of the marital home and establishing interim parenting arrangements. Divorce proceedings often resolve disputes involving property valuation and division, child custody and visitation, child support, and hiring of an alimony attorney in South Florida. While some parents reach agreements on these issues, many disagree on one or more aspects of the divorce, which can significantly lengthen the process.
In Florida, divorces may take weeks or even months to finalize. Due to this potential delay, temporary relief, including an emergency child support order, helps clarify each parent’s responsibilities and ensures the child’s financial stability while the divorce is pending. As circumstances change during the case, either party may request that the court modify temporary relief orders.
Without temporary relief, parents would have to wait until the divorce is concluded to receive court-ordered financial support. Lack of support and clear parental obligations during the divorce could hurt children. Courts may not automatically grant temporary relief. Rather, parents must petition the court for relief. A family law attorney can help parents get temporary relief from the court.
Florida Temporary Child Support Attorney
If you are petitioning for temporary child support, emergency child support, or other forms of temporary relief, reach out to Bacchus Law Firm today. Our family law attorneys are dedicated to ensuring that the process proceeds as smoothly as possible, guiding you every step of the way. Divorce- and child support–related issues can be confusing and stressful, but we are here to help you navigate the family law process from start to finish.
We accept cases in Broward County and the surrounding areas, including Palm Beach County, Collier County, Miami-Dade County, and Hendry County, Florida.
Information Center
- Florida Temporary Child Support Orders
- Petitioning The Court For A Temporary Child Support Order
- Ex Parte Hearings For Temporary Child Support
- Petition For Temporary Custody
- Additional Resources
Florida Temporary Child Support Orders
During the divorce process in Florida, the court may issue a temporary child support order, which outlines the parental responsibilities for providing for the children’s needs during the divorce. A temporary child support order is finite, covering a discrete time. In other words, it has an end date, and another child support order is necessary to provide additional support.
Once the divorce is finalized, a permanent child support order can replace the temporary order. To change the order, one of the spouses can file a motion with the court. The terms of the subsequent, permanent child support order may differ from the stipulations of the temporary order.
Petitioning The Court For A Temporary Child Support Order
An individual can request that the court award temporary child support when filing an initial petition for dissolution of marriage in Florida. In Florida, courts are required to support the best interests of the children. Since temporary child support can be crucial to maintaining a child’s quality of life, Florida family law courts are generally receptive to temporary child support petitions; they are inclined to order temporary child support.
When a parent believes they will take care of the children during a divorce proceeding, that parent should ask the court to order the other parent to pay temporary child support as soon as possible. The sooner the parent requests a temporary child support order from the court, the sooner the children can receive financial support from the other parent.
It is true that retroactive child support, which reimburses a parent for past childcare expenses, is available in Florida. However, a temporary child support order ensures that the parent who cares for the child during the divorce process receives financial support promptly.
Ex Parte Hearings For Temporary Child Support
A parent can request ex parte temporary relief from the court during a divorce. In an ex parte hearing, the other spouse is not required to be present in court. Ex parte hearings are necessary when the family faces a genuine emergency, and there would be serious, irreparable harm if the court does not grant the requested relief. Generally, Florida courts order ex parte relief when a child is in danger or when there is a domestic violence issue. In these urgent situations, consulting with a South Florida paternity attorney can help a parent understand their rights, present evidence to the court effectively, and pursue immediate relief that protects the child’s safety and financial stability.
- A Florida family law judge might order ex parte temporary child support when the child faces severe financial hardship without parental support.
- If a child has a severe medical condition that requires support, the judge may grant an ex parte temporary child support order.
- If the custodial parent cannot afford to feed the child without the other parent’s financial support, a Florida family law court might grant a temporary child support order without the other parent present.
- Abuse by the noncustodial parent might also result in an ex parte temporary child support order.
If the custodial parent cannot afford to keep a home for the child without financial support, the family law court may award temporary child support or alimony (also known as spousal support).
Petition For Temporary Custody
Petition For Temporary Custody
A Florida family law court can award one parent temporary custody in addition to granting an order for temporary child support. Florida Statutes allow a court to grant temporary custody to one parent while a divorce proceeding is pending.
After a parent petitions the court for temporary custody, the family law court holds a hearing to determine whether awarding temporary custody to one parent is appropriate. At the hearing, the court evaluates the evidence concerning a minor child’s need for care by the parent as well as all other matters required to be outlined in the petition, including temporary child support, and the objections or other testimony of the other parent, if the other parent is present at the hearing.
Florida law states that the court must award temporary custody to the parent who requests it if doing so is in the child’s best interests and does not infringe upon the other parent’s parental rights in Florida, provided that the parent does not object. If the hearing is ex parte, the judge will likely grant temporary custody because the other parent does not have the opportunity to object at that time. However, if the other parent does object to the petition for temporary custody, Section 751.05(3)(b) outlines how the court should proceed.
The court may grant the petition for temporary custody only if it finds, by clear and convincing evidence, that the other parent is unfit to care for the child. Because parental rights in Florida are strongly protected, the legal standard for unfitness is high and requires proof that the parent abused, abandoned, or neglected the child. Mere disagreements over parenting decisions are generally insufficient to overcome these rights and justify an award of temporary custody when the other parent objects.
The court might grant the temporary child custody order if the other parent has abused, neglected, or abandoned the child or does not object to temporary custody. A temporary custody order can also grant visitation rights to the noncustodial parent, per Section 751.05(4)(b).
Additional Resources
Motion for Temporary Support, Time Sharing, and Other Relief with Dependent or Minor Children. An individual petitioning for divorce, responding to a divorce, or requesting temporary child support can use this form to request a temporary child support order from the court. One of the spouses must have already filed the petition for dissolution of marriage South Florida with the court or filed a petition regarding temporary child support.
In addition to temporary child support, the motion also covers temporary use of assets, temporary exclusive use of the marital home, temporary responsibility for liabilities and debts, temporary spousal support or alimony, a temporary time-sharing schedule with minor children, and other forms of relief. Individuals may file this form with the clerk of the circuit court in the county that has jurisdiction over their legal proceedings. Although individuals can file a motion for temporary support pro se, in other words, on their own, a family law attorney can help people obtain temporary child support for their children.
Florida Department of Revenue- How to Apply for Child Support Services. The Florida Department of Revenue provides instructions on how individuals can apply for child support. The Department of Revenue also explains cash and food assistance, as well as Medicaid, which provides child support services. Additionally, individuals seeking child support in South Florida may contact the Florida Department of Revenue’s Child Support program for information on obtaining child support in Florida, including temporary child support arrangements. After individuals apply for child support services, the Child Support Program can provide additional information and assistance to parents.
Florida Temporary Child Support Lawyer | Broward County, FL
If you are pursuing temporary child support or temporary custody in Florida, contact Bacchus Law Firm. Our Florida family law attorneys will work diligently to defend your rights and protect your child’s best interests. With years of experience handling family law matters, we can develop a tailored strategy to pursue your child support and custody goals while advocating for a fair and reasonable outcome for all parties. Our lawyers strive to eliminate bias by providing balanced legal representation and proposing practical agreements whenever possible.
Bacchus Law Firm proudly serves clients in Miami, Fort Lauderdale, West Palm Beach, LaBelle, and East Naples, Florida. Do not wait to seek legal assistance.
Temporary Child Support and Custody Relief in Florida
As a final note, parents facing uncertainty during a pending divorce or custody case should understand that the court’s ability to grant South Florida custody relief and financial assistance can be critical to protecting a child’s well-being. Seeking temporary relief child custody and child support early in the process helps establish stability, ensures that a child’s daily needs are met, and provides clear guidance on parental responsibilities while the case is ongoing. With proper legal support, parents can pursue timely temporary relief that prioritizes the child’s best interests and creates a more secure foundation until the court enters permanent orders.
Frequently Asked Questions
- What is temporary child support in Florida?
Temporary child support in Florida is a court-ordered payment made by one parent during a divorce or custody case to cover a child’s basic needs until a final child support order is entered.
- How do I request temporary child support in Florida?
A parent can request temporary child support by filing a Motion for Temporary Support with the Florida family court after a petition for dissolution of marriage or custody has been filed.
- Does Florida require mediation before a temporary child support hearing?
Yes, Florida courts often require parents to attend mediation before a temporary relief hearing to encourage agreement on child support and parenting issues.
- Can a judge order temporary child support without the other parent present?
Yes, in emergencies involving financial hardship, abuse, or a child’s safety, a Florida judge may issue an ex parte temporary child support order.
- How long does a temporary child support order last in Florida?
A temporary child support order lasts only until the divorce or custody case is finalized, or the court modifies the order based on changed circumstances.
