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Divorces can take quite a bit of time to resolve. In the meantime, you may have difficulty providing for your children without financial assistance from your soon-to-be former spouse. If this is the case, you should pursue temporary child support by requesting it from the court. Here’s more information on how you can request temporary child support.
Requesting Temporary Child Support
A motion for child support relief can be filed by the spouse or parent who wants the other parent or spouse to pay them child support during a pending divorce case (this can also be done in a paternity case). Generally speaking, the basis for this temporary relief is one parent is positioned in a lower financial situation than that of the other parent. While the divorce is still going on, the parent with less financial resources may need support to properly provide for the child or children they share with their soon-to-be former spouse. It is one of several types of temporary relief that may be granted by a court while a divorce case is going on.
Like other forms of temporary relief, temporary child support can only be ordered for a specific period of time. Usually, the end date of temporary child support is upon the finalization of the divorce. The temporary support order can still be modified at any point during the divorce proceedings. It is oftentimes a good idea for the spouse who believes they are going to assume primary custody of the children to file a motion for temporary relief to start child support payments while the divorce is still pending. A Florida family court judge will be responsive to such a motion as it impacts the best interests of the child. It is a central goal of family court to help ensure that a child’s needs are met despite what legal proceedings may be in the works.
As with all motions for temporary relief, a motion seeking temporary child support must be supported by the requesting party by a showing that the circumstances justify the granting of such an order. Commonly, the requesting party has the burden of proving this by a preponderance of the evidence. This legal threshold means that the requesting party must show that it is more likely than not that the circumstances justify a granting of temporary relief. In demonstrating that the circumstances justify the granting of such an order, the requesting spouse will need to show their income level and provide supporting documentation, such as pay stubs from past paychecks. The income level of the other spouse will also be needed as well as proof of any childcare expenses and things like health insurance costs. Collecting the necessary records and relating documentation will be key in successfully petitioning for temporary relief.
Florida Family Law Attorneys
Intimidated by requesting temporary child support? You can count on the team at Bernal-Mora & Nickolaou to step up and advocate on your behalf. Contact us today.
