Temporary relief

• Author: Annette J. Szorosy/Stephanie Matalon
• Profession: General Magistrate/General Magistrate
• Pages: 773-854

TEMPORARY

RELIEF

13-1

CHAPTER 13

Temporary Relief

QUICK VIEW

This chapter addresses all forms of temporary relief, as well as use of general magistrates and hearing off‌i-

cers, enforcement and contempt of temporary orders. Emergencies and nonemergencies are distinguished

and what is appropriate for temporary relief is addressed. Emergencies are the subject of a separate chapter.

However, under therapeutic justice, unless there is an emergency circumstance with the potential of immediate

and irreparable harm, attempts at amicable resolution should precede going to court for relief. The chapter

sets forth what constitutes reasonable prior investigation and interventions so that court is properly considered

a last resort. The chapter addresses the common sense of temporary relief so that the family lawyer can make

the appropriate analyses as to the benef‌its and detriments of seeking temporary relief from the court. Finally,

the chapter outlines specif‌ically how to do a temporary relief hearing in 30 minutes, and when, why, and how

to do a case management conference in conjunction with a temporary relief hearing.

TABLE OF CONTENTS

I. PRACTICAL PREPARATION

A. Child-Related Considerations

§13:01 In General

§13:02 What May Be Emergency

§13:03 Denial of or Inter fering With Timesharing

§13:04 Alienation

§13:05 Pre -Existing Condition

§13:06 Child Preference

§13:07 Failure to Obtain Parenting Plan and Time-Sharing Schedule

§13:08 Other Parent’s New “Friend”

§13:09 Parents Living Together in Home and Not Getting Along; Harassment

§13:10 Change in How to Conduct the Business of Family Law

§13:11 Parent on Military Assignment—Temporary Relief

B. Property and Suppor t Considerations

§13:20 Exclusive Use and Possession

§13:21 “Saving” Asset

§13:22 Suppor t Issues

§13:23 Credibility

§13:24 Consequences to Lawyer

§13:25 Consequences to Client

§13:26 Current Circumstances of the Parties

§13:27 Compliance With Mandatory Disclosure Prior to Hearing

TEMPORARY

RELIEF

Florida Family Law and Practice 13-2

II. PARENTAL RESPONSIBILITY

A. Procedural Issues

§13:30 Mandator y Filing of UCCJEA Aff‌idavit

§13:31 Best Interests of Minor Child

§13:32 Notice

§13:33 Expedited Evidentiar y Hearing Required

§13:34 Prior Court Order to Bring Child to Court

§13:35 Parenting Plan Recommendation

§13:36 Failure of a Parent to Appear at a Hearing or Trial on Child Issues

B. Substantive Issues

§13:40 Inherent Jurisdiction

§13:41 Discretion of Court; Standard of Review

§13:42 Restrict or Deny Time -Sharing

§13:43 Temporary Placement With Someone Other Than Either Parent

C. Relocation

§13:44 Overview

§13:45 Ef fective Date and Applicability

§13:46 Temporary Injunction Against Removal or Ordering Return of Child: Required Findings

§13:47 Temporary Order Permitting Relocation of Child Pending Final Hearing:

Required Findings; Security

§13:48 Priorit y Status

§13:49 Factors

D. Shared Parental Responsibility

§13:50 In General

§13:51 Shared Parental Responsibility

§13:52 Ultimate Responsibility

§13:53 Sole Parental Responsibility

§13:54 Physical Shared Parental Responsibility—Primary Residential Parent

§13:55 Rotating Custody

§13:56 Sole Parental Responsibility and Limitations on Time -Sharing

§13:57 Statutory Factors for Court’s Consideration—Temporary Time Sharing/Parenting Plans

§13:58 Findings on Temporary Parental Responsibility and Time Sharing

E. Practice

§13:70 Effect of Prenuptial or Marital Settlement Agreement

§13:71 Judge’s Perspective; Prepare Client for Questioning by Court

§13:72 Hearing in Conjunction With Case Management Conference

III. PROPERTY

§13:80 In General

§13:81 Procedure

§13:82 Exclusive Use and Possession of Home

§13:83 Rental Value

§13:84 Entering Marital Home When Exclusive Use and Possession Granted to Other Spouse

§13:85 Sale of Marital Home

§13:86 Preservation of Assets; Writs of Ne Exeat and Attachment

§13:87 Releasing Funds

§13:88 Joint Funds Withdrawn by One Spouse

§13:89 Post-Separation Loans

§13:90 Prevent Dissipation

§13:91 Lis Pendens

§13:92 Signing Joint Tax Return During Pendency of Action

§13:93 Minor Child to Remain in Marital Home

§13:94 Credits and Setoffs

§13:95 Interim Partial Equitable Distribution

TEMPORARY

RELIEF

13-3 Temporary Relief

IV. SPOUSAL SUPPORT

A. Substantive Issues

§13:100 In General

§13:101 Governing Provisions

§13:102 Need and Ability

§13:103 Standard of Living Established During Marriage

§13:104 Duration of Marriage

§13:105 Age and Physical and Emotional Condition of Each Party

§13:106 Financial Resources, Including Nonmarital and Marital Assets and Liabilities

§13:107 Time Necessary for Education and Training to Find Employment

§13:108 Contribution to Marriage

§13:108.1 Responsibilities of Minor Children in Common

§13:109 All Sources of Income

§13:110 Effect of Validity of Marriage

§13:111 Effect of Prenuptial or Marital Settlement Agreement

§13:112 Health Insurance

§13:113 Life Insurance as Security

§13:114 Practice

§13:115 Competent Substantial Evidence

§13:116 Interest on Temporary Arrearages

§13:117 Contempt

B. Procedural Matters

§13:130 Personal Jurisdiction Over Payor Spouse

§13:131 Pleading

§13:132 Burden of Proof

§13:133 Notice

§13:134 Evidentiary Hearing

§13:135 Preparation of Client

§13:136 Opening Statements

§13:137 Testimony of Parties

§13:138 Experts

§13:139 Tax Issues and Cash Flow

§13:140 Undifferentiated Support

§13:141 Designation of Nontaxable and Nondeductible

§13:142 Closing Statement

§13:143 Income Withholding/Deduction Order

§13:144 Use of Electronic Devices

V. CHILD SUPPORT

§13:150 In General

§13:151 Obligation of Support by Both Parents

§13:152 Provision for Health Insurance and Noncovered Expenses

§13:153 Income Determination and Child Support Guidelines

§13:154 Findings

VI. ATTORNEYS’ FEES AND COSTS

A. Substantive Issues

§13:160 Alimony and Suit Money

§13:161 Attorneys’ Fees, Suit Money, and Costs

§13:162 Need and Ability; Liquidity

§13:163 Effect of Loans and Borrowing Funds to Pay Fees and Costs

§13:164 Effect of Prenuptial or Marital Settlement Agreement

§13:165 No Waiver