How Does Temporary Child Support Work in Florida?
If you are going through a divorce or custody proceeding in Florida, one of your most immediate concerns is likely financial support for your children. It’s important to understand that child support doesn’t have to wait until your divorce is finalized. Florida law allows for temporary child support orders to help ensure the needs of your children are met while your case is pending. These temporary orders can help provide stability during what is often a turbulent and stressful time. Here’s what you need to know about how temporary child support works in Florida.
What Is Temporary Child Support?
Temporary child support is a financial support order issued by a Florida court that remains in effect during the process of a divorce or paternity action. The purpose is to provide for the child’s basic needs—such as food, housing, clothing, healthcare, and education—until a final judgment is entered.
Florida courts recognize that child-related expenses don’t pause during litigation. The law provides mechanisms to ensure that children receive necessary financial support without waiting for a final hearing or trial. This temporary relief is often essential, especially if one parent has been the primary breadwinner or if one party has left the shared home.
Legal Authority for Temporary Child Support in Florida
Florida Statutes § 61.30 is the governing law that outlines how child support is calculated, including in temporary settings. The statute mandates that child support be determined according to a formula that takes into account both parents’ net incomes, the number of overnight stays each parent has with the child, and specific child-related expenses such as daycare and health insurance.
Even though the order is temporary, the legal standards used to determine the amount of support are generally the same as those applied in a final order. This means that the court must still calculate support using the guidelines and consider any deviations that may be justified based on the unique circumstances of the case.
When Can You Request Temporary Child Support?
You can request temporary child support as soon as a divorce or paternity case is filed. In most cases, the request is made through a Motion for Temporary Relief, which may include other requests such as temporary timesharing or exclusive use of the marital home.
Once your motion is filed, the court will schedule a hearing to consider your request. In some counties, particularly those with a high volume of family law cases, you may face delays before your hearing is held. However, if your situation involves urgent financial needs, the court may be willing to expedite the hearing.
How Is the Amount of Temporary Child Support Determined?
Florida’s child support guidelines, set out in § 61.30, establish a presumptive amount of support. The court will use a standard worksheet to calculate the amount based on both parties’ net monthly incomes. Net income includes wages, bonuses, commissions, disability benefits, workers’ compensation, unemployment compensation, and other sources, minus allowable deductions like taxes, mandatory retirement contributions, and health insurance premiums.
The court will then add child-related expenses such as daycare and health insurance and adjust the amount based on the number of overnights the child spends with each parent. If the child spends at least 20% of the year (or 73 overnights) with each parent, the court uses a different formula to account for shared parental responsibility.
If either parent believes the guideline amount is unfair or inappropriate due to special circumstances, they may request a deviation. Reasons for deviation can include extraordinary medical expenses, special needs of the child, or a substantial disparity in income between the parties. However, the court must provide written findings to justify any deviation from the guideline amount.
Can Temporary Child Support Be Retroactive?
Yes, Florida courts have the authority to award retroactive temporary child support. Under § 61.30(17), support can be ordered retroactively to the date when the parents separated or the date the petition was filed, whichever is later. The court will evaluate the financial circumstances of both parties during the retroactive period to determine whether a retroactive award is appropriate and in what amount.
This retroactive award may be paid in a lump sum or through an installment plan, depending on the financial ability of the obligor (the parent paying support).
What If Your Circumstances Change?
Temporary child support orders are modifiable if there is a substantial change in circumstances. For example, if you lose your job, experience a significant drop in income, or incur unexpected medical expenses, you may request that the court modify the existing temporary support order. You must file a motion and provide documentation supporting the change.
Keep in mind that until the court enters a modified order, you are still legally obligated to pay the original amount. Failing to pay the ordered amount—even if your financial circumstances have changed—can result in enforcement actions such as wage garnishment, suspension of driver’s licenses, or even contempt of court.
How Long Does Temporary Child Support Last?
Temporary child support orders remain in effect until they are replaced by a final judgment of child support or until the case is dismissed. In most cases, the temporary order will be replaced by a final support order when the divorce or paternity judgment is entered.
If the final judgment significantly changes the child support amount, the court may consider credits or adjustments to ensure fairness. However, any arrears owed under a temporary order generally must still be paid unless specifically modified or waived by the court.
Enforcement of Temporary Child Support Orders
Temporary support orders are court orders, and failure to comply with them can lead to serious legal consequences. If the parent ordered to pay support does not do so, the receiving parent may file a motion for contempt or enforcement.
The court can impose a variety of enforcement mechanisms, including income withholding orders, tax refund interception, or suspension of professional or driver’s licenses. In cases of willful non-payment, the court may even order incarceration until the parent complies.
Sarasota, Bradenton, Lakewood Ranch, and Venice, Florida Temporary Child Support Divorce Lawyer
Understanding temporary child support in Florida is essential if you are involved in a divorce or paternity case. The process can be legally complex and emotionally overwhelming, especially when your child’s financial well-being is on the line. Fortunately, you do not have to navigate this process alone. An experienced temporary child support divorce attorney like Matthew Z. Martell, Esq. can help you file the proper motions, prepare for hearings, calculate accurate support figures, and advocate for a fair and enforceable temporary child support order.
If you are dealing with temporary child support issues in Sarasota, Lakewood Ranch, Bradenton, or Venice, Florida, then contact the Law Offices of Matthew Z. Martell, P.A. child support lawyers by calling (941) 556-7020 or contacting us online for a free initial consultation. We are here to help you understand your rights and take the appropriate legal action to protect your family’s future.
