A Quick Fix for Florida Child Support Payments and Temporary Custody
Pendente lite relief is a Latin term that means awaiting the litigation. Orders entered while a matter is pending are defined under this heading. Most noteworthy, orders concerning Florida child support payments and temporary custody as these are generally the most pressing issues.
Pendente Lite Relief is a Fancy Name for Temporary Relief
The words have been rolling around in the pit of your stomach for the last six months. And on the tip of your tongue for the last two. The day finally comes when the news makes it’s triumphant debut past your lips. Honey, I want a divorce. Okay, maybe honey isn’t the exact term shouted across the kitchen. All while doing everything in your power not to hurl the teapot at your spouse’s dome. But, you get the gist. The most important thing is that the hard part is over.
Sooo, where is that overwhelming sense of relief your therapist promised? Or the rush of excitement due to your new found freedom that your best friend vowed would come? Consequently, the only thoughts racing through your mind are how the hell you are going to get by without your significant other’s help. You’ve also heard horror stories about friends and neighbors divorces dragging on. As a result, you’re trying to force the visualization of living out of a Motel 6 and feasting on a steady diet of Ramen out of your head.
How Broward and Palm Beach Judges Can Use Pendente Lite Relief
Fear not, brave soul! Two words can offer some reprieve from self induced panic. Temporary relief. Prior to final judgment, Palm Beach County judges ease the burden of divorce through Florida temporary relief. Either that or the circuit judicial bench in Fort Lauderdale Fl, depending on where you file.
Pendente lite relief also addresses a wide range of needs. As a result, these include additional areas of administration such as:
- Florida child support payments
- Attorneys Fees
- Exclusive use and possession of the marital home
- Temporary custody
The Best Fort Lauderdale Divorce Attorney will Explain Pendente Lite Relief as it Applies to Florida Child Support Payments
Furthermore, parties may not waive the right to temporary relief through a prenuptial agreement or marital settlement agreement. A spouse must continue to support the other, or maintain the status quo, during a civil Palm Beach County dissolution of marriage. As a result, this means a party will generally pay the same expenses he or she was responsible for during the time of wedded bliss. As a result, a spouse won’t have to drain a separate asset to support themselves during a divorce in Florida.
A temporary support award that fails to differentiate between Florida child support payments and an alimony award is improper in the judicial circuit. This is due to the inability of appellate court circuits to determine if the child support payment was calculated in accordance with Florida guidelines.
Temporary Relief for Divorce Attorney Fees and Costs
An award of temporary attorneys’ fees and costs in Florida is based on factors relevant to entitlement and amount:
- Whether there is a financial disparity between the parties
- The extent to which legal services are available to the party with the financial ability to pay.
- The extent to which the needy party lacks similar litigation resources.
- Amount necessary to equalize the representation of the parties.
In assessing whether a temporary attorney’s fee award is appropriate in a Broward or Palm Beach County divorce case, judges must follow circuit civil procedures. Therefore, they first determine each party’s ability to pay. It’s especially relevant to note, this is based solely upon financial resources of the parties and not financial assistance from family or friends.
Pendente Lite Relief and Temporary Custody
Absent an emergency, Palm Beach judges enter Florida temporary custody orders on the same basis as they would a final court order. For purposes of establishing temporary custody , the best interest of the child is the primary consideration. Hence, Palm Beach judges decide temporary custody through the evaluation of statutory factors. The only difference is that in a temporary order, these findings of fact don’t need to be expressly written into the order.
Factors Considered by Palm Beach Judges when Granting Pendente Lite Relief
- Each parent’s desire and ability to facilitate and encourage a close and continuing parent-child relationship
- The anticipated division of parental responsibilities
- Each parent’s desire and ability to determine, consider, and act upon the needs of the child instead of their own
- The length of time the temporary child has lived in a stable, satisfactory environment and the desirability of maintaining divorce family continuity
- Geographic viability of the parenting plan
- The moral fitness of the parents concerning court relief
- Mental and physical health of the parents
- Home, school, and community record of the child
- The reasonable preference of the child.
- Demonstrated capacity and disposition of each parent to provide a consistent routine for the child
- The demonstrated capacity of each parent to communicate with and keep the other parent informed. Including stated court temporary payment information and revenue
- Evidence of domestic violence, child abuse, abandonment, or neglect
- Evidence that either parent has knowingly provided false information regarding domestic violence, child abuse, abandonment, or neglect
- The parenting tasks customarily performed by each parent
- Each parent’s desire and ability parent to participate involve themselves in school and extracurricular activities
- The demonstrated capacity and ability of each parent to maintain an environment free from substance abuse
- Each parent’s desire and ability to protect the child from the ongoing divorce legal issues; this is demonstrated by not discussing the litigation with the temporary custody child
- The developmental stages and needs of the child
- Any other factor relevant to a specific parenting plan, including the time sharing schedule
Modification of an Order for Temporary Relief
The family court has the power modify, vacate, or set aside a pendente lite relief order. Either before or at the time of entry of a final order in a families divorce proceeding. Such modification, vacating, or setting aside of the temporary relief order is executed upon a showing of good cause. Therefore, a party isn’t required to prove a substantial change of circumstances. As a result, temporary relief orders are not set in stone. The court can modify, vacate, or set aside a pendente lite order before or upon entry of a final order.
Securing or defending a temporary support order can be extremely stressful. Additionally, it will often set the tone for how a case unfolds. In conclusion, it’s absolutely imperative to have a knowledgeable, creative Family Lawyer in your corner to fight the good fight and ensure your interests are best protected.
Click Fort Lauderdale Divorce Attorney today to schedule your consultation. Serving Boca Raton, Delray Beach, West Palm Beach and all of Palm Beach County, Florida.
Boca Raton Family Law Attorneys Practice Areas Include:
Simplified Dissolution of Marriage
Child Custody Laws
Florida Parenting Plan
Time Sharing In Florida
Florida Child Support Payment
Child Support After Divorce
Pendente Lite Relief / Temporary Relief
Florida Statutes Chapter 39
Palm Beach County Child Support Worksheet
Florida Child Support Formula
Florida Child Custody Laws
Temporary Custody Florida
Modification of Child Support Payments
Florida Child Support Enforcement