Posted by Nydia Streets of Streets Law in Florida Divorce
Temporary relief orders in a Florida divorce are helpful because they grant a party much-needed assistance without waiting for the entry of a final judgment which can take months or even years. For example, a party may need alimony or child support right away in order to meet his or her living expenses and to take care of their children. While judges in Florida family law cases have great discretion in awarding temporary relief, their orders must meet minimum standards as shown in the recent appellate case Meldrum v. Bergamo-Meldrum, 4D18-3481 (Fla. 4th DCA October 2, 2019).
The husband appealed four temporary relief issues, but the appellate court only reversed on one issue relating to the court’s temporary support order. The trial court did not make findings regarding the husband’s net income, and apparently based its support order on his gross income. The appellate court held “A court errs when it enters a temporary support order that ‘exceeds or nearly exhausts a party's income.’ Wilder v. Wilder, 42 So. 3d 961, 961 (Fla. 4th DCA 2010) (quoting Bolton v. Bolton, 898 So. 2d 1084, 1084 (Fla. 4th DCA 2005)). To make that determination, the law requires the court to make a finding of net income when fashioning temporary relief. [. . .] Because the court did not make a finding of net income, we cannot evaluate the Husband's claim that the temporary relief order exhausted his income. As a result, we reverse the temporary relief order and remand for further proceedings.” (some internal citations omitted).
Knowing what you can expect to ordered for alimony and child support in your Florida divorce case may give you peace-of-mind and help you prepare for your temporary relief hearing. Schedule a consultation with a Miami divorce lawyer to go over potential support scenarios in your case and calculate Florida child support guidelines specific to the facts of your case.