Temporary Support in Jacksonville, Duval County, Florida

When people are in the process of divorce, a lot of times there is a question as to which bills get paid and by whom. If, during the pendency of the divorce, the Husband has possession of the marital home and is paying the mortgage on the home, the courts have said that the Husband should get credits for servicing the mortgage during the parties’ separation before the divorce was final. In Parks v. Parks, heard in January 2009, the Second District Court of Appeal upheld this notion and ruled that reimbursements or credits for a party’s payment of marital property-related expenses during the separation can be considered for credits by the court. So, if a party uses a marital asset out of necessity, such as taking out a loan on a joint home equity line of credit, during the separation, should that party be punished? It appears that absent a finding of misconduct and if the asset is used for reasonable living expenses, that it will not be held against the party using the asset at the final divorce proceeding. Is this fair and equitable? Let me hear from you. If you have a question about temporary support credits, please call our firm at 904-355-8888.

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