When a family law case involves children, particularly child support disputes, one of the most pressing concerns is ensuring those children are financially supported while the matter is still pending. Florida courts recognize this, which is why the law allows parents to request temporary child support before a final order is ever put in place.
These temporary orders can provide critical stability during what is often a difficult and uncertain time. Read on to learn how temporary child support works in Florida and what you can do to protect your legal rights and interests.
What Is Temporary Child Support in Florida?
Temporary child support is an interim order issued by the court while a divorce, paternity, or other family law matter is still being resolved. These orders are sometimes referred to as “pendente lite” orders, which is a legal term that simply means “pending litigation.”
The purpose is straightforward: Children should not have to go without the financial support they need just because their parents’ case has not been finalized yet. A contested divorce can take several months to resolve, and in some cases, it can stretch beyond a year. Temporary support fills that gap and remains in effect until the court issues a final judgment or the parties reach a settlement.
Filing a Motion for Temporary Support
To request temporary child support, you will need to file a Motion for Temporary Support with the court. This is done using the Florida Supreme Court Approved Family Law Form 12.947(a). Either the parent who filed the initial petition or the parent responding to it can submit this motion.
Along with the motion itself, you will also need to file a Financial Affidavit using Form 12.902(b) (if your individual income is under $50,000 per year) or (c) (if your individual income is higher than that). The parties must comply with Florida’s mandatory financial disclosure requirements, including filing the appropriate financial affidavit and any other required documents before the hearing.
Once the motion is filed and the other parent has been properly served, the court will schedule a hearing. At that hearing, the judge will review the financial information provided by both sides and determine whether a temporary support order is appropriate.
How the Court Calculates Temporary Child Support
Florida uses an income shares model under Florida Statute § 61.30 to calculate child support. This model applies to both temporary and permanent orders. The court will look at several factors when determining the amount, including:
- Each parent’s net monthly income after allowable deductions
- The number of children covered by the support order
- The cost of health insurance for the children
- Work-related childcare expenses
- The time-sharing schedule, particularly if each parent has at least 73 overnights per year
Both parents’ net incomes are combined, then matched against a statutory guideline table that identifies the base support obligation. From there, the total is divided between the parents in proportion to each one’s share of the combined income. The court can deviate from these guidelines, but only under specific circumstances and with written findings on the record.
Contact Conti Moore Law Divorce Lawyers, PLLC To Schedule a Free Consultation With an Orlando Child Support Attorney
Requesting temporary child support can feel virtually impossible when you are already navigating the emotional weight of a family law case. However, taking this step early can make a meaningful difference in your children’s day-to-day lives while the legal process plays out.
An experienced Orlando child support lawyer can walk you through every step and advocate for a support arrangement that reflects your family’s needs. Contact Conti Moore Law Divorce Lawyers, PLLC today to schedule a free consultation to discuss your situation and learn about your options going forward.
Contact the Orlando Child Support Law Firm of Conti Moore Law Divorce Lawyers, PLLC, for Help Today
For more information, contact our experienced Orlando divorce lawyers at Conti Moore Law Divorce Lawyers, PLLC, by calling (407) 831-0203 to schedule a free consultation.
We serve all through Orange County and its surrounding areas. Visit our office at:
Conti Moore Law Divorce Lawyers, PLLC
815 N Magnolia Ave Suite 100
Orlando, FL 32803
(407) 831-0203
