Temporary relief is a common issue. Frequently we have clients that need immediate resolutions prior to a final order in their case, such as child support. Temporary motions are frequently filed with the Court to provide parties with some relief while their case is still pending.
When there are children involved, the Court can order a temporary timesharing schedule. This provides relief for many parents that are unsure when they can see the children now that the parents have separated. This can help relieve stress for the children early on and begin to provide some consistency in their schedules now that their parents are separated. The temporary timesharing schedule can also deal with any upcoming holidays. This can be helpful in determining what works for the family prior to having a final order on the case, which can be difficult to change at a later time.
The Court can also order one parent to provide temporary child support to the other parent while the case is pending. In Florida, child support is mainly determined by two factors: the incomes of each of the parents and the number of overnights each one spends with the child. The parties or the judge can slightly change the amount of support owed if there is reason to do so, but within limits.
During a divorce proceeding, one party can also request temporary alimony. In the State of Florida, there is no formula as there is for child support. The Court must first determine if there a need by one party to receive support, and then if the other party has the ability to pay it. If there is both a need and ability, the Court must then determine the amount of support to be provided. As attorneys we have caselaw to direct us on what are reasonable and common limits, and can provide each client with an indication of what is reasonable in their specific case.
Lastly, the Court can also order temporary attorney's fees to be awarded. As mentioned above, if there is a need and an ability to pay, the Court can order that one party pay all or a portion of the other party's attorney's fees. One common example of this situation is when one party has been working solely in the home, raising the children, and now does not have the funds to hire an attorney for the divorce. The Court can order temporary attorney's fees throughout the case in addition to part of the final order.
Each case is unique and each party's needs vary. Contact us for a free consultation with one of our experienced attorneys to guide you on what your options are.