Why You Should File for Temporary Relief
Whether your family law case is a divorce or paternity case, the courts generally do not move as fast as you would like or need them to. The truth is, while waiting, you’ll need to keep up with your needs and the needs of your children. In many cases, especially in high conflict family law cases, you can expect the court process to take some time. This, unfortunately, can leave some families extremely financially vulnerable. Even when a family law case starts out amicably, often times while waiting, the party that should be responsible for paying child support, becomes irresponsible. This leaves the other parent with the burden of providing full financial responsibility for the children. It may just agitate you at first, but left unaddressed, it can drag on and lead to financial crisis and in some cases, stability problems. In other cases, one or two missed payments can equate to a total financial crisis.
It is generally agreed upon that hiring an attorney to help you file for temporary relief is money well spent. Being pro-active in protecting the best interest of you and/or your children by hiring a family law attorney adds a layer of protection. NOTE: Your family law attorney can and should include motions that ask for temporary relief for attorney’s fees while your case is pending.
Types of Temporary Orders that Can Help You to Avoid a Crisis
Temporary Relief Orders – Child Support
Child support for most who receive it, is a necessity. This is why Florida Child Support Laws requires each parent to contribute to the financial needs of their children. When one parent is biding their time, refuses to contribute, or chooses to wait for the courts to make a final judgement on your case, the parent who would be receiving support can experience real hardships. This is especially true in Title IV D child support or in paternity cases.
Generally, the courts will determine early on who will be the primary residential parent, and they will order a parenting plan for time sharing. However, there have been numerous cases where temporary child support is not also addressed or ordered. Finding a way early on to secure a family law lawyer to assist you in filing a temporary relief order as a layer of security, is the best way to help you to avoid a financial crisis.
Temporary Relief for Alimony
Depending on the duration of your marriage, your age, current financial position and earning potential, you may be in real financial trouble without a temporary order for alimony. If you are divorcing you may want to consider filing a motion for temporary relief for alimony sooner, rather than later.
An order for temporary alimony can help you to avoid a financial crisis. Remember, often times the most amicable intentions in a divorce case can turn into high conflict situations. It happens all too often that one party agrees to continue helping the other, then suddenly they fail to do so. This can leave the person that would be entitled to alimony out in the cold. If your spouse is agreeable to alimony, or you are waiting for the courts to finalize your divorce, then your spouse won’t mind having the courts make their agreement to pay you alimony legal and temporary.
Temporary Relief , Time Sharing and Child Custody
Temporary relief can also be initiated by a party who wants immediate time sharing or visitation rights. In most cases, as stated above, parenting plans will be ordered early on by the courts. However, not all cases are the same. It is very important for both fathers and mothers to maintain or build a relationship with their child or children. Any interruption or obstruction can have negative effects. Whether a couple is divorcing and living apart, or you are a single mom or dad waiting for the courts to make decisions in a child support, custody or paternity case, you can have your attorney file for temporary relief to secure your visitation rights or even custody. If you have valid concerns about the safety or well being of your children, hire a child custody attorney who can immediately file the proper orders with the court.
Are Temporary Relief Orders Enforceable Orders?
Temporary relief orders are enforceable orders. Whatever relief is granted, is however, temporary until a final order is signed, or for a designated time period. Temporary relief orders can also be modified. If you can prove to the courts that the order is not applicable or needed, they can be changed.
Other Types of Temporary Relief Orders
There are many other types of temporary relief orders that can be filed, such as restraining orders. The main focus in obtaining an order for temporary relief is to minimize the damage to the children or parties involved, should either of the parties fail to act in accordance with the law, while awaiting a final order. Even though the party may ignore the order, it is the first step to enforcement and relief.
Florida Family Law Attorney – Eager to Protect You and Your Rights in Divorce and Family Law Matters
If you would like to speak with Tampa Bay, Florida Family Law Attorney Wendy Doyle-Palumbo about your case, please click here for a free initial consultation. Wendy represents clients in multiple jurisdictions in Tampa Bay. If you need a family law attorney in Brooksville, Spring Hill or Hudson, Florida, click on the applicable links below to learn more or call 727-824-5727.
Wendy has two offices to better serve you.