Support Unconnected to Dissolution of Marriage is one of the rarely used areas of Florida Family Law.
Not many of these cases come up each year as the parties separate and file for divorce, or they may not know this option is available. In 2014 in Hillsborough County, only a handful of Support Unconnected to Divorce cases were filed. Again, these are underutilized cases that people may not even know about!
The Florida Statute which authorizes this support is Florida Statute 61.09 (2013), and the statute reads as follows:
“61.09 Alimony and child support unconnected with dissolution.
—If a person having the ability to contribute to the maintenance of his or her spouse and support of his or her minor child fails to do so, the spouse who is not receiving support may apply to the court for alimony and for support for the child without seeking dissolution of marriage, and the court shall enter an order as it deems just and proper.”
This method is used when a Divorce has NOT been filed.
If a divorce has already been filed and temporary support is needed prior to the final hearing, a Motion for Temporary Relief (a/k/a/ Motion for Temporary Support and child support) is the more adequate remedy.
Additionally, the other party must be able to pay support for the Court to grant this form of support.
This is a form that Florida uses in Florida cases for Support Unconnected to Dissolution of Marriage WITH minor children: Support Unconnected to a Divorce.
This is a form that Florida uses in Florida cases for Support Unconnected to Dissolution of Marriage WITHOUT minor children: Support Unconnected to Dissolution of Marriage without Children.
Read more information on “What if I need support, but I don’t want to file for divorce?”
Call a Tampa Divorce Lawyer at (813) 272-2345 so that we can talk with you about support in your family law matter.
Foley Family Law | William S. Foley. PA
