What Is Temporary Child Support?
Just because two parents decide to get divorced does not mean that they are no longer legally obligated to financially support their children. Doing so, however, can be more complicated when two parents are no longer living together or sharing the same bank account, which is why courts allow parents to ask for temporary child support while their divorce proceedings are pending. Unlike final child support orders, these awards are not permanent, but are intended to help a custodial parent cover child care-related expenses while they move through the divorce proceedings.
Calculating Temporary Child Support
Temporary child support is calculated in the same way as permanent child support, with courts taking into consideration the parents’ combined net incomes, the number of children being supported, the cost of supporting those children, and how much time the children spend with each parent. As the name suggests, temporary child support isn’t permanent, but is only intended to help cover the costs of childcare while a divorce is pending. This means that the order could remain in effect for weeks, months, or years, depending on how long it takes to finalize the proceedings. Temporary child support awards terminate either on a specific date, when modified by the court, or when the final divorce decree (and permanent child support award) is issued.
Requesting Temporary Child Support
Temporary child support orders are typically sought at the beginning of divorce cases, when the parties have not yet had the opportunity to engage in the discovery process (when both must submit information about their assets and income). Because the issue of child support is usually urgent, courts don’t typically require the same kinds of extensive evidence, but do mandate that the parties complete an in-depth financial affidavit that details their income and assets, submit supporting documentation if necessary, and attend a temporary support hearing, where the court will hear the evidence presented. Based on this evidence, a judge will use Florida’s child support guidelines to determine how much the non-custodial parent should pay in child support each month until the divorce is finalized.
Granting Temporary Child Support
Divorce proceedings can take a long time to complete, so it’s not uncommon for a family to receive a temporary child support award many weeks, or even months after the motion was initially filed. Fortunately, in these cases, courts also award retroactive support, going back to the time when the motion was filed, which can help ensure that parents don’t go into debt while trying to stay financially afloat during divorce.
Here to Help You Obtain Temporary Child Support
If you and your co-parent have decided to divorce and you are concerned about your ability to support your children financially while those proceedings are pending, you may qualify for temporary child support. Please call the experienced Clearwater child support modification lawyers at Cairns Law to learn more. You can reach us at 727-683-1472 or via online message. We are also happy to meet with you on evenings or weekends if your schedule doesn’t permit a consultation on weekdays.
Sources:
flcourts.org/content/download/403173/file/947a.pdf
leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0061/Sections/0061.30.html
