The reality of family law disputes is that they can take months or over a year to resolve. In order to ensure the children of divorcing parents are cared for, the courts have the power to use temporary orders in Florida child support cases.
Some couples are able to reach an amicable agreement on temporary child support, while others may be required to go through mediation or even have a contested hearing to secure an order from the court. Let a skilled child support attorney advise you on how best to proceed.
How Temporary Child Support Orders Work
When a judge in Florida enters a temporary child support order, it comes with an expiration date. This is similar to the final orders in that they have a firm deadline, although it is generally not when the child reaches the age of majority. The court will need to make additional orders in the future when the first one expires.
Either party has the right to ask the court to award temporary child support. However, this request typically comes from the parent who has been given temporary primary custody during the course of the proceedings. The courts have an obligation to act in the best interests of children, and they will generally grant these petitions to ensure they are cared for as a divorce or custody case plays out.
At the conclusion of a divorce case, a parent can petition the court to replace the temporary support order with permanent guidance. An attorney can assist with this process to ensure there is no disruption in financial support.
Ex Parte Hearings
There are times when the need for financial support is so significant that any failure to order immediate payments could put a child at risk. To address these situations, Florida law allows for ex parte temporary child support hearings. A hearing is “ex parte” if it occurs without one of the other parties present.
There are a few situations where ex parte child support relief may be necessary. They include families dealing with abuse, extreme poverty where a parent cannot afford to feed their child, instances where the other parent has frozen the family’s assets, or when the parent or child is facing a serious medical issue.
By their nature, these orders are temporary. While it is possible to secure temporary child support orders in Florida courts without first notifying the other parent, that individual will eventually have a chance to be heard in court. It is then the job of the judge to decide if payments should continue or not.
In order for these payments to continue, the petitioning parent must provide evidence of their financial hardship. The need for intervention must be immediate, otherwise the courts will require that parent to seek an award through traditional means.
Call Us to Learn More About Temporary Child Support Orders in Florida
If you are in immediate need of financial support during the course of your divorce, the answer could be temporary orders in Florida child support cases. With the support of the right attorney, you could secure an order from the court while your divorce or custody case works its way through the legal system.
The Florida Probate & Family Law Firm is here to help you in your time of need. Reach out immediately for a free case evaluation to discover your legal options.