Most of the time, the court system will issue an order regarding child support during divorce or custody proceedings. This decision often comes after weeks or months of litigation following the end of a relationship. In rare cases, waiting this long may not be in the best interest of the child.
In situations where the child is at immediate risk of irreparable harm, the courts have the power to issue temporary orders in Little Gables child support cases. Our compassionate child support attorneys can assist you in dealing with the court during these emergency proceedings.
How Does Temporary Child Support Work?
Temporary child support is designed to ensure that children receive financial support during the period between a divorce or paternity action being filed and a final court order being issued. This type of support is not permanent but is crucial in maintaining a child’s well-being while the case is pending. Either parent can request temporary support by filing a motion with the court. The judge will typically schedule a hearing to assess each parent’s income, expenses, and the child’s needs.
Florida courts use the same child support guidelines to calculate temporary support as they do for permanent orders, factoring in both parents’ incomes, childcare costs, health insurance premiums, and the number of overnights spent with each parent. The goal is to preserve stability in the child’s life while legal proceedings move forward.
A temporary order remains in effect until it is modified or replaced by a final judgment. It can be enforced just like any other court order, meaning failure to pay can lead to legal consequences, and temporary child support can also be retroactively applied to the date the petition was filed. Because these orders can significantly affect both parties, accurate financial disclosure is essential during this stage.
Why Temporary Support Orders Matter
These orders might be temporary, but they come with the full weight of the court. What’s more, the decision made by the judge could have an effect that lasts longer than the term of this specific order.
Many judges will leave a temporary order in place for the duration of custody or divorce proceedings. Additionally, it is not uncommon for the courts to rely on the same terms used in the temporary order for the final decree. This makes it vital that you make the strongest case possible.
Applying for Temporary Support
There is a process when it comes to securing temporary child support orders in Little Gables. This effort always starts with a motion filed with the court requesting emergency child support. In typical cases, the other parent would be served with a copy of your motion and have a chance to respond. In extreme or dangerous circumstances, one parent can file a motion requesting support and have it granted by the court without the other parent being notified.
This is possible under a few different scenarios primarily involving allegations of domestic violence. A judge might also award emergency support in cases where a spouse has frozen all of the family assets, making it impossible to care for the child.
It is important to remember that these orders are temporary. Within a few weeks, the judge will set a hearing that gives the other spouse a chance to be heard. They might decide to leave the support order in place, alter it, or remove it altogether following a hearing.
Talk to an Attorney in Little Gables About Temporary Child Support Orders
Children need support immediately, even before you are able to determine a firm payment schedule. If you have questions about temporary orders in Little Gables child support cases, The Florida Probate & Family Law Firm is here to help. Call today for a free case evaluation.