Temporary relief hearing

[bbloves]

What is the procedure for the temp. relief hearing in Florida? Is there testimony? Should I be doing anything special to prepare for it?

Thanks

[Attorney Cheri Hobbs]

Every court and jurisdiction in Florida is different. But generally speaking in a typically Temporary Relief Hearing either party may present evidence (through testimony, witnesses, documents, etc.) to try to persuade the judge to rule in their favor. It would be wise to meet with an attorney prior to your hearing to ascertain whether you need legal representation at the hearing and beyond.

Attorney Cheri Hobbs

[school of hard knocks]

Do not ever go to any hearing, including the temp needs hearing, empty handed or complacent. Neither should your attorney. Do you have a wife who is un-employed or under-employed? If so, right from the beginning of the divorce petition you should hire a vocational expert to show what jobs and income she is able to do/make. Why? Because her attorney is going to easily show how much you make and how much you can pay to meet her needs. Even though her financial affidavit will be over-inflated, she will show a need and that you have the means to pay it. The husband needs to show what the wife can make in a jobs market and ask the judge to impute on her those earnings. One thing for sure: in any answer to a petition or new petition you should state that she is voluntarily un-employed or voluntarily under-employed for the purpose of manipulating the percentages of how much she makes and how much you make. Remember!! if it's not in an answer to a petition or in a petition of its' own, the judge doesn't have to review the evidence. Why? If it's not on the agenda, he doesn't have to review it. The answer to the petition or petition is putting it before the judge for review (on the agenda). Don't get complacent. Don't let your attorney get complacent. There is a time line for discovery of evidence to the opposing counsel before a hearing. If you have a hearing coming up and you don't have the vocational expert yet, get that hearing pushed to a later date. Do it, do it, do it. A vocational expert is well worth the money. Pay now, or pay every month for the rest of your life. Also, the federal department of labor has a website that shows the jobs market and pay for many different vocations.