FLORIDA TEMPORARY RELIEF MOTIONS
Florida temporary relief motions are filed during your divorce proceeding to seek temporary relief. Any order entered as a result of a motion for temporary relief will be temporary in nature, and will be superseded by the Final Judgment.
TYPES OF FLORIDA TEMPORARY RELIEF MOTIONS
There are 4 primary types of temporary relief motions in Florida. They are motions to resolve issues of temporary alimony, temporary child support, temporary custody, and temporary attorney’s fees and costs. In the absence of an emergency situation, the court requires the parties to mediate these issues prior to scheduling a motion hearing.
MOTION FOR TEMPORARY ALIMONY
Either party may file a motion for temporary relief seeking alimony. The “need-ability” test will be applied. Any order requiring alimony will be temporary pending the entry of a Final Judgment.
MOTION FOR TEMPORARY CHILD SUPPORT
The party that is providing the primary residence during the divorce proceeding can file a motion for temporary relief seeking temporary child support.
MOTION FOR TEMPORARY CUSTODY
The court will enter an order establishing temporary custody if it would be in the minor child’s best interests. These orders are usually entered if one parent poses a risk to the minor child.
MOTION FOR ATTORNEY FEES AND COSTS
Either party can file a motion for temporary relief seeking temporary attorney fees and costs that have been incurred during your divorce proceeding. The judge will review the parties’ financial documents to determine if one party has the ability to pay the attorney fees and costs of the other party.
Unless there is an emergency situation, most judges will not schedule a motion for temporary relief until the parties mediate their issues. Once mediation has been conducted, the courts will schedule your motion. In many cases, the judge will order a proffer hearing to resolve temporary issues.
PROFFER HEARING
A proffer hearing is based on documentary evidence and very little testimony. Your lawyer should put together a complete packet containing all the documentary evidence that will be necessary to establish your need for the temporary relief sought. At a minimum, the documentary packet should contain both financial affidavits, tax returns, W-2, pay stubs, documents showing required monthly payments, and a summary of arguments supporting your request.
The parties must comply with any temporary order. Failure to do so may subject the non-complying party to contempt, and it certainly will not look good pending the Final Judgment.
If you need strong, experienced counsel to represent your interests, please feel free to call or e-mail The Fuller Firm, LLC. Kevin A. Fuller will schedule a free phone or videoconference consultation. After a thorough case analysis, I will answer your questions and advise you regarding the best way to proceed.