Legal Question in Family Law in Florida

my husband and i have not been living together for 4 weeks now, we have 2 kids. today he has stated that he will no longer pay rent for me and his kids, is there anything i can do or file to get temporary support from him now so me and our kids do not loose our home?


Asked on 3/24/13, 7:12 pm

5 Answers from Attorneys

Elliot Goldstein Law Offices of Elliot Jay Goldstein

You can move for spousal and child support without filing for divorce. However, if the marriage is over you probably should just file for divorce. An emergency motion can be pursued for at least temporary support.

In Florida, with family law cases, depending on the parties' comparative financial resources, the Courts have the discretion to hold one party responsible for all, or part, of the other's attorney fees and costs. In other words, if the other party has significantly stronger financial resources, while you will still have to pay the retainer, do not assume that you will not be able to afford to retain an attorney. Reimbursement can be sought.

If you opt to proceed without the assistance of counsel, be aware that you will not be entitled to a �do over� if things go badly.

The above information is provided without any consideration/payment having been received, and without full knowledge of all of the facts.

An internet inquiry is no substitution for an in-office consultation with an attorney.

Contact me to schedule a no obligation office consultation. While telephone calls, and email responses, are encouraged, please do not send text messages.

Sincerely, Elliot Goldstein

Law Offices of Elliot Jay Goldstein, P.A.

1587 Main St., Ste. C

Dunedin, FL 34698

Tele. No.: 727/455-6596

Law Offices of Elliot Jay Goldstein, P.A.

550 N. Reo St. Ste. 300

Tampa, FL 33609

Tele. No.: 813/810-1500

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Answered on 3/24/13, 7:24 pm
Dawn Marie Bates-Buchanan Bates-Buchanan & Savitsky Law Group, P.A.

Yes you can file for temporary child support unconnected with dissolution of marriage if you are not sure that is where you are headed. I would seek assistance of the Florida Department of Revenue Child Support Division or call an attorney right away.

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Answered on 3/24/13, 7:26 pm
John Smitten Carey and Leisure

You have to file your case with the court for temp support asap. Contact my office for free consultation. 727-446-7659

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Answered on 3/25/13, 2:16 am
Natalie Hall The Law Office of Natalie D. Hall, P.A.

You can file for divorce (if the marriage cannot be repaired and only if you are absolutely sure this is what you want). Pending the divorce you can ask the court for temporary relief.

The other option is to file for support not connected with a divorce- child support and spousal support. Note that this does not prevent him from turning around and filing for a divorce.

I would suggest you meet with an attorney and not the Department of Revenue. The DOR can only assist with child support and not other issues that may need to be resolved such as time sharing or spousal support.

Contact a family law attorney in your county of residence.

Natalie Hall, Esq.

www.ndhlaw.com

(407) 412-7035

[email protected]

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Answered on 3/25/13, 8:14 am
Lucreita Becude Lucreita D. Becude, P.A.

I agree with Natalie. I suggest you contact an attorney as to family law and go ahead and get an action started for Temporary Spousal and Child Support and Possession of the house. If I can be of assistance, please contact my office for an appointment. 904-997-1031

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Answered on 3/25/13, 11:35 am


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