Getting Temporary Alimony and Child Support in Florida
One of the major concerns that people have when contemplating whether or not to file a divorce, is “what is going to happen to my finances after I file, but before the court enters my divorce?” This is a very real concern. Many people going through a divorce are financially dependent upon their spouse for their own support, or the support of their child(ren).
People often fear that once they have filed for divorce, their spouse will become angry or withdrawn and refuse to provide the type of support that they have provided in the past. This fear can keep people locked into a toxic relationship that is not good for either party or their children. So what is the solution?
Financial Help Before Your Divorce is Final
Well, did you know that in Florida it is possible to get alimony and child support before your divorce is finalized? It is. In fact, in the vast majority of cases that we handle for our clients going through a divorce, one of the first steps is to get our clients set up with “temporary” support. It is deemed temporary because it will not last beyond the entry of the final judgment dissolving the marriage. It is just as effective, however, as any sort of permanent alimony or child support entered by the court.
Temporary Alimony Can Be Enforced
Temporary alimony and child support is calculated the same way as alimony and child support entered at the end of a case. It is also enforceable in the same way. That means that if your spouse does not pay the temporary alimony or child support as ordered, he or she can be found to be in contempt of court, and possibly even be put in jail. That is usually not necessary though, since we typically request that the alimony or child support come straight out of the obligor’s paycheck, and placed directly into our client’s bank account. The only occasions where that does not happen is where our clients do not want it to happen. Otherwise, the law requires the court to enter an “income withholding order” that takes the support directly out of the obligor’s pay before he or she has an opportunity to receive it.
If you were considering filing for divorce but were hesitant due to the financial uncertainty the divorce process can bring, then hopefully this information helps put your mind at ease. If you would like to get more information and discuss these matters with one of our family law attorneys, feel free to contact us online or call us at (904) 355-2700.