Obtaining Temporary Relief in Florida
If you are in the process of getting divorced, the bills and monthly financial obligations do not stop. The mortgage still has to be paid.
Enter temporary relief.
Temporary relief can be pursued while your divorce is pending. There are different ways to access this relief. You and your soon-to-be-ex-spouse can simply agree to an amount for temporary relief. However, many couples getting divorced are not in a place emotionally or psychologically to come to such an agreement. This means the party pursuing temporary relief will need to file a motion and schedule a hearing before a judge or general magistrate.
Here is a sample of what the motion should look like.
According to Florida case law, a court will review the motion and assess whether one spouse has a need for money and the other has the ability to pay. Robbie v. Robbie, 591 So.2d 1006, 1009 (Fla. 4th DCA 1991). When temporary relief is sought for a spouse, it is referred to as temporary spousal support. The judge can also order your ex-spouse to pay attorneys’ fees and costs, if one party has a need for the payment, and the other has superior financial resources. This routinely occurs when one spouse was not employed during the marriage and was entirely dependent upon the other spouse’s income.
If the judge determines that your need for financial assistance is reasonable and valid, and your spouse is capable of paying the relief, they will enter an order awarding relief.
Temporary Child Support
Along with temporary relief for you, funds can be pursued for temporary child support. The amount would likely be based on child support guidelines, and the court can enter orders regarding payment of medical and other expenses. The court can also enter temporary orders regarding time-sharing and parental responsibility. This type of order would likely include a visitation schedule, which parent gets custody, and/or whether a protection order is necessary if the child, or children, is at risk of being abused.
Temporary Relief Related to Marital Assets
Along with relief for you and your children, there is potential relief focused on marital property and/or debt. Basically, you can pursue an order from the court that would prevent your soon-to-be-ex-spouse from depleting, wasting, or depreciating marital assets. Typically, this form of relief is directed at the spouse who will gain access to the home. Why is such an order necessary? In some cases, a disgruntled spouse may intentionally damage the home in an effort to ensure the other spouse has to pay a large repair bill or that the damage will hinder the other spouse’s ability to make money from a potential sale of the home. This type of order is also helpful in establishing that the mortgage and other property-related expenses will be kept current during the pendency of the divorce.
Contact an Experienced Florida Divorce Attorney Today
If you are concerned about your future before your divorce is final, contact the experienced temporary relief attorneys at Vanessa L. Prieto, LLC. We are happy to discuss whether a temporary relief order makes sense. Our Fort Lauderdale office is open from 8:30 a.m. until 6:00 p.m. Monday through Friday and, for your convenience, we offer Saturday appointments upon request. Serving Broward, Miami-Dade and Palm Beach Counties, we are located north of Davie Boulevard, close to Broward Hospital and just three blocks from the county courthouse. Call us today at 954-800-2362 or contact us online.