Lyons Snyder & Collin. Trial Attorneys.


Sample Motion for Temporary Support

By Philip M. Snyder

The divorce attorneys at Lyons, Snyder & Collin posted a sample Motion for Temporary Support for the benefit of our existing and potential family law clients.   The Motion for Temporary Support was filed in Broward County, Florida; the names and dates have been changed for privacy purposes. The formatting may have been altered from its original form.



In Re: The Marriage Of:                                            Case No.:  FMCE xxxxxxxx (xx/xx)






 Wife’s Motion for Temporary Support

Comes Now Petitioner/Wife SUSIE HOMEMAKER (hereinafter referred to as the “Wife”), and files this, her Motion for Temporary Support from Respondent/Husband JACK BREADWINNER (hereinafter referred to as the “Husband”), and states:

  1. The parties were married on July 1, 1980.  The parties’ only son born of this marriage has reached the age of majority and no future children are contemplated.
  2. The parties resided at the Marital Residence located at 111 NW 111th Avenue, Coral Springs, FL 33071 (hereinafter referred to as the “Marital Residence”) during the marriage.
  3. On December 6, 2010, the Court entered a Permanent Injunction Against Domestic Violence against the Husband and awarded the Wife exclusive use and possession of the Marital Residence.  The Wife requests continued exclusive possession of the Marital Residence as a result of the Husband’s abusive conduct and her inability to have sufficient financial support to obtain alternative housing.
  4. The Husband is employed with an estimated income of $150,000.00 per year.  The Wife worked at the parties’ businesses prior to the entry of the Injunction for Protection Against Domestic Violence (herein referred to as the “DV Injunction”) and is unable to obtain alternative employment at this time.  The Husband has provided all of the financial support for the parties during the marriage and has failed to provide any additional support to the Wife since the Wife served her Petition for Dissolution of Marriage.
  5. It should be noted that even though the Court has entered a Temporary Injunction without Notice that the Husband continues to liquidate the parties’ assets in flagrant disregard of this Court’s Orders.  The Wife has learned that the Husband liquidated 500 shares of Berkshire Hathaway Inc. stock on December 9, 2010 at an approximate value of $1,000,000.  It should be noted that the Husband liquidated said stock three (3) days after the parties were in Court on the Wife’s Petition for Injunction Against Domestic Violence and Husband Motion to Dissolve the Temporary Injunction without Notice.
  6. The Husband has a history of diverting funds for his own use as he has previously testified that he diverted approximately $100,000.00 of commissions from his business to his personal Bank of America checking account without the consent or knowledge of the Wife.
  7. The Wife has a need for temporary alimony and support from the Husband in order to maintain the lifestyle that she became accustomed to during the marriage.  The marital obligations and debts must be paid on a timely basis and should be equitably allocated between the parties.  The Husband has the superior ability to pay and contribute toward the support for the Wife and the Husband can afford to pay same.  The Wife respectfully requests this Court to order the Husband to pay all marital debts based on his superior income and to award her temporary alimony and support.
  8. It should be noted the Husband has unilaterally decided not to pay the marital obligations and is currently allowing all of the parties’ marital obligations to become delinquent, including but not limited to, car insurance, credit cards, life insurance, and utilities, etc.
  9. The Wife requests temporary attorneys’ fees and costs pursuant to §61.16, Fla. Stat. as well as expert fees for a forensic accountant based on the Wife’s need for same and the Husband’s greater ability to pay same.

WHEREFORE, the Wife requests this Court award her temporary alimony, allocation of the marital debts, an order requiring the Husband to maintain the marital obligations, temporary attorneys’ fees, expert fees and costs on an expedited basis.

Certificate of Service

I HEREBY CERTIFY that a copy of the foregoing has been furnished, by mail and fax, this 20th day of December  2010 to John Lawyer, as counsel for the Husband, at John Lawyer and Associates, 111 1st Street, West Palm Beach, FL 33401.