Motion for Temporary Relief

Sometimes, one or both of the parties can’t wait for a Final Hearing to get an Order in place.

Issues The Court Addresses At Temporary Relief Hearings

  • Time-sharing:  Where the child(ren) is going to spend overnights until the case is settled.
  • Child Support:  Financial assistance to the majority time-sharing spouse until the case is settled.
  • Alimony: Support from the Wife to the Needy Spouse.
  • Assets and Debts:  Sometimes maintaining assets and debts need to be addressed before the final judgment.  If a distribution is sought, the party seeking the distribution will need to file a Motion for Interim Distribution.
  • Possession of a Home:  Sometimes both of the parties are in the home causing an unsafe environment for the parties or the children.  The Court has the power to order who lives in the home and who pays the bills for the home on a temporary basis.

Common Requirements Prior to Having a Temporary Relief Hearing

Financial Affidavits:  When finances are at issue, the parties will need to both have filed and disclosed financial affidavits.  This is per local rule as well as Florida Rule of Family Law Procedure 12.285.

Temporary Relief Disclosure:  Even if mandatory disclosure is not due yet, the rule for Mandatory Disclosure also provides disclosure of certain documents by the moving party in every case no less than 48 hours before the hearing.

Temporary Relief Memorandum:  This is a local rule in Hillsborough County, as well as other Counties.  The Temporary relief memorandum enables the Judge to have a quick understanding of the case before the Motion. Remember, time is of the essence in temporary relief hearings.

Parenting Plan: If children are involved, the parties will both need to file and serve to each other proposed parenting plans. The parenting plan will spell out the time-sharing requested by each party.