Understanding Temporary Needs and Temporary Relief Hearings in Florida Family Law Cases

Introduction

Divorce and family law cases often take months or even years to reach a final resolution. During this time, one spouse or parent may need temporary financial support, child custody arrangements, or exclusive use of the marital homewhile the case is pending. Florida law allows parties to request temporary relief through a temporary needs hearing, ensuring that immediate financial and parenting concerns are addressed before the final judgment.

This guide explains how temporary relief hearings work in Florida, what issues can be resolved, and how to prepare for a successful outcome.

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What Is Temporary Relief in a Family Law Case?

Temporary relief refers to court-ordered support or arrangements granted before a final divorce or custody ruling. These temporary orders help stabilize the financial and living situations of both parties and any children involved while the case is ongoing.

A party may request temporary relief for:

• Temporary alimony (spousal support)
• Temporary child support
• Temporary time-sharing (custody) arrangements
• Exclusive use and possession of the marital home
• Payment of marital debts, including mortgages and utilities
• Temporary attorney’s fees and legal costs

Temporary relief does not determine the final outcome of the case but provides short-term solutions until the divorce or custody case is resolved.

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What Is a Temporary Relief Hearing?

A temporary relief hearing is a court hearing where a judge decides on temporary support, custody, or financial matters while the case is pending. These hearings are usually held early in the divorce or custody process, often within a few months after filing.

At the hearing, the judge will review:

• Financial affidavits and supporting documents
• Sworn testimony from both parties
• Evidence such as pay stubs, tax returns, or parenting schedules

Unlike a final trial, which may involve multiple witnesses and extensive evidence, a temporary relief hearing is shorter and more focused on immediate needs.

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Common Types of Temporary Relief Requests

1. Temporary Alimony

• A financially dependent spouse can request temporary alimony to help cover living expenses while the divorce is pending.
• The court considers each spouse’s income, expenses, and financial need before awarding support.

2. Temporary Child Support

• If parents separate before a final custody ruling, one parent may be required to pay temporary child support.
• The court follows Florida’s child support guidelines, factoring in both parents’ incomes and time-sharing arrangements.

3. Temporary Time-Sharing (Custody) Orders

• If parents cannot agree on a parenting schedule, the court may issue a temporary custody order.
• The judge evaluates the child’s best interests, parental involvement, and each parent’s ability to provide stability.

4. Exclusive Use and Possession of the Marital Home

• If living together creates conflict or safety concerns, the court may grant one spouse exclusive use of the home.
• The court considers factors such as who primarily cares for the children and who can afford to maintain the home.

5. Temporary Payment of Marital Debts

• A judge may order one spouse to continue paying the mortgage, utilities, or joint debts while the case is pending.
• The goal is to prevent financial hardship or foreclosure due to unpaid obligations.

6. Temporary Attorney’s Fees and Litigation Costs

• If one spouse cannot afford legal representation, the court may order the other spouse to pay temporary attorney’s fees.
• This ensures both parties have legal representation and access to the court system.

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How to Request Temporary Relief in Florida

To obtain temporary relief, a party must:

1. File a Motion for Temporary Relief
   • This formal request must outline why temporary support or custody is needed.
   • The motion should include specific details about financial needs, living arrangements, and parenting concerns.
2. Submit a Financial Affidavit
   • Both parties must provide a detailed financial disclosure under Florida Family Law Rule 12.285.
   • The affidavit must list income, expenses, assets, and liabilities to determine financial need.
3. Provide Supporting Evidence
   • Pay stubs, tax returns, bank statements, and proof of expenses strengthen the case.
   • Parenting logs, witness statements, and medical records may be used in time-sharing disputes.
4. Attend the Temporary Relief Hearing
   • Both parties present arguments and evidence before the judge.
   • Judges typically issue temporary orders the same day or within a few days of the hearing.

Temporary relief remains in effect until the final divorce decree or a modification order is issued.

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What Happens If a Party Violates a Temporary Relief Order?

If a party fails to comply with a temporary relief order, the other party can:

• File a motion for contempt or enforcement
• Request wage garnishment for unpaid support
• Seek court sanctions, including fines or modifications to the relief order

Violating a temporary order can negatively impact the final ruling, particularly in child custody and financial disputes.

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How to Strengthen Your Case for Temporary Relief

If you are seeking temporary relief, take these steps to present a strong case:

1. Gather financial records – Have pay stubs, tax returns, bank statements, and expense documentation ready.
2. Demonstrate financial need – Show why support is necessary and how it will be used.
3. Document parenting involvement – Keep logs of time spent with children, school events attended, and caregiving responsibilities.
4. Provide credible testimony – Be honest and factual in court, avoiding exaggerated claims.
5. Work with an experienced family law attorney – A lawyer can help prepare and present your case effectively.

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How a Family Law Attorney Can Help

A family law attorney can assist with:

• Filing motions for temporary relief in divorce and custody cases.
• Presenting financial and parenting evidence to support your case.
• Defending against unfair requests for temporary support or custody.
• Ensuring compliance with court-ordered relief measures.

At Bonderud Law, we help clients navigate temporary relief hearings and protect their financial and parental rights during divorce and custody proceedings. If you need legal guidance, contact us today for a free consultation.

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Conclusion

Temporary relief hearings provide immediate legal solutions for financial support, child custody, and housing arrangements during divorce or paternity cases. Courts issue temporary orders based on financial need, time-sharing requirements, and each party’s ability to comply.

If you need temporary alimony, child support, or custody adjustments, working with an experienced family law attorney can help ensure a fair and effective outcome.