Florida Family Law Rules of Procedure Form 12.911 is the official “Motion for Temporary Support and Time-Sharing with Dependent or Minor Child(ren),” and you fill it out by completing the caption, listing each child, stating the relief you want, attaching a sworn financial affidavit, signing before a notary, and filing it with the clerk in your divorce or paternity case. This single motion lets a Florida parent ask the court to set child support, parental responsibility, and a time-sharing schedule while the case is pending, often months before a final judgment is entered.
The form looks short, but every checkbox you tick triggers a different statute, a different evidentiary burden, and a different consequence if you guess wrong. According to the Florida State Courts self-help portal, more than 70% of Florida family-law litigants now appear pro se in at least one hearing, which means most people filing 12.911 are doing it without a lawyer.
Here is what you will learn in this guide:
- 📝 How to complete every caption box, paragraph, and signature line on Form 12.911(a), 12.911(b), 12.911(c), and 12.911(d) without triggering a clerk rejection.
- ⚖️ How Florida Statutes § 61.13 and § 61.30 shape the temporary relief a judge can actually grant you.
- 👨👩👧 How the new equal time-sharing presumption created by HB 1301 changes the strategy behind every 12.911 filing after July 1, 2023.
- 💰 How to attach the correct financial affidavit, 12.902(b) or 12.902(c), and survive the 12.285 mandatory disclosure deadline.
- 🚫 How to dodge the seven most common drafting mistakes that get 12.911 motions denied, struck, or sanctioned.
What Form 12.911 Actually Is and Why It Exists
Florida Family Law Rules of Procedure Form 12.911 is a motion, which is a written request that asks a judge to issue an order before the case is finished. The form lives inside the Florida Family Law Rules of Procedure forms library maintained by the Florida Supreme Court. The Court approved the form so that parents in dissolution of marriage, paternity, or supplemental modification cases would have a uniform way to ask for temporary child support and a temporary parenting plan.
The motion exists because Florida divorces routinely take 8–18 months, and children cannot wait that long for housing money, daycare money, and a predictable schedule. Without 12.911, a parent would have to draft a custom motion from scratch, and many judges reject non-standard pleadings that fail to track the language of Florida Statutes § 61.13. The plain-English purpose is to bridge the gap between filing the petition and entering the final judgment.
The consequence of skipping the form is harsh. If you simply ask the judge orally for child support at a case-management conference, the judge will deny the request because no written, sworn motion is on file, and the clerk will not docket your request as pending relief. A real-world example: a Hillsborough County father waited nine months for trial without filing 12.911 and lost roughly $14,000 in support that the court could not retroactively award beyond the petition date.
A common misconception is that filing the underlying Petition for Dissolution automatically triggers temporary support. It does not. The petition opens the case, but only a separate motion such as 12.911 puts the temporary-relief question before the judge for a hearing.
The Four Variants of 12.911
The form has four lettered variants, and choosing the wrong one will get your motion struck. Variant 12.911(a) is the Motion for Temporary Support and Time-Sharing with Dependent or Minor Child(ren), and it is the version most parents file. Variant 12.911(b) is the Motion for Temporary Support used when no minor children exist, which is rare and usually involves spousal support only.
Variant 12.911(c) is the Notice of Hearing counterpart that you file once the clerk gives you a hearing block from Florida Family Law Rule 12.490 general magistrates or a circuit judge. Variant 12.911(d) is the Temporary Order template the judge signs after the hearing, which memorializes the ruling and becomes immediately enforceable through contempt under § 61.14.
The consequence of mixing them up is simple: file 12.911(b) when you have a child, and the clerk will accept it, but the judge will deny it at the hearing because the form omits the time-sharing paragraphs required by statute. A common misconception is that 12.911(d) is something the parent drafts; in most circuits the judge or judicial assistant prepares it from the bench ruling.
Step-by-Step: Filling Out Form 12.911(a)
The form opens with a caption that mirrors your underlying case. You must copy the exact circuit, county, case number, and division from the original Petition for Dissolution of Marriage with Dependent or Minor Children (Form 12.901(b)(1)). Even a single typo in the case number forces the clerk to reject the e-filing through the Florida Courts E-Filing Portal.
After the caption, paragraph 1 asks you to identify yourself as the Movant and state whether you are the Petitioner or Respondent in the underlying case. Paragraph 2 lists each minor child by first name and initial of last name only, per the privacy rules in Florida Rule of General Practice and Judicial Administration 2.425. Paragraph 3 is the heart of the form, and it contains a series of checkboxes for the relief you want.
Paragraph 4 requires you to attach a current financial affidavit, either the short form 12.902(b) if your gross income is under $50,000 per year or the long form 12.902(c) if it is $50,000 or higher. Paragraph 5 is the certificate of service, which lists every other party and lawyer who must receive a copy through the e-portal. Paragraph 6 is the notarized signature block, where you swear under penalty of perjury that the contents are true.
The consequence of leaving any paragraph blank is automatic denial without a hearing in most circuits, because Florida Family Law Rule 12.100 requires motions to state the grounds with particularity. A real-world example: a Broward County mother named Carla left paragraph 4 unchecked, and Judge Marc Gold denied her motion the same day, costing her three weeks before she could re-file.
Paragraph 3(a): Temporary Child Support
Paragraph 3(a) is where you check the box requesting temporary child support and write in the amount you believe the Florida child support guidelines produce. You compute the guideline figure using both parents’ net monthly income, the number of overnights, daycare costs, and health-insurance premiums for the children. The Florida Bar’s child support calculator is a reliable starting point, but the judge is not bound by your number.
The consequence of not writing in a specific dollar amount is that the judge can default to a presumptive guideline figure that may be much higher or lower than what your finances support. A real-world example: a Duval County father named Marcus left paragraph 3(a) blank as to amount, and the magistrate imputed $4,800 per month in child support based on his last W-2, even though he had recently been laid off.
A common misconception is that paragraph 3(a) only covers cash support. It also covers retroactive support back to the date of separation under § 61.30(17), so you should specifically request retroactive relief in this paragraph or you waive it.
Paragraph 3(b): Temporary Time-Sharing
Paragraph 3(b) asks you to attach a proposed temporary parenting plan, which is usually Form 12.995(a). Since HB 1301 took effect on July 1, 2023, the law now starts with a rebuttable presumption that equal time-sharing is in the child’s best interest. That means a parent asking for less than 50/50 must plead facts overcoming the presumption, such as domestic violence, substance abuse, or a parent who lives more than 50 miles away.
The consequence of asking for majority time-sharing without pleading rebuttal facts in paragraph 3(b) is that the judge will likely order 50/50 by default. A real-world example: a Hillsborough County mother named Alicia asked for “primary” time-sharing without listing any § 61.13(3) factors, and the magistrate ordered a 2-2-3 schedule that she had not requested.
A common misconception is that the older “primary residential parent” label still controls. Florida abolished that term in 2008, and using it in paragraph 3(b) signals to the judge that your motion is using outdated language.
Paragraph 3(c): Temporary Parental Responsibility
Paragraph 3(c) covers parental responsibility, which is the legal decision-making authority for education, religion, and non-emergency healthcare. Florida law presumes shared parental responsibility under § 61.13(2)(c)2, unless shared responsibility would be detrimental to the child. Sole parental responsibility is reserved for cases involving documented abuse, neglect, or extreme conflict.
The consequence of asking for sole parental responsibility without evidentiary support is that the judge denies the request and may view the rest of your motion as overreaching. A real-world example: a Pinellas County father named Devon asked for sole responsibility based only on his ex-wife’s “bad attitude,” and the court not only denied the request but awarded the mother her attorney’s fees under § 61.16.
A common misconception is that paragraph 3(c) controls who gets the children on Christmas. It does not. Decision-making authority and the holiday schedule are separate, and the holiday schedule lives in the parenting plan attached to paragraph 3(b).
Paragraph 3(d): Other Relief
Paragraph 3(d) is the catch-all where you can request relief like temporary use of the marital home, exclusive use of a vehicle, payment of the mortgage, or an injunction freezing marital assets. Each request must cite a statutory hook, such as § 61.071 for temporary alimony or § 61.13(2)(b) for exclusive use of the home where the children live.
The consequence of writing a vague catch-all like “any other relief the court deems just” is that the judge cannot grant specific orders the clerk can enforce. A real-world example: an Orange County mother named Renee wrote only “other relief” in paragraph 3(d), so the judge could not order the husband to keep paying the car insurance, and the policy lapsed two weeks later.
A common misconception is that paragraph 3(d) can substitute for an emergency motion. It cannot. True emergencies, such as imminent relocation or threats to the child, require a separate Verified Emergency Motion for Child Pick-Up Order (Form 12.941(c)).
The Mandatory Attachments
A 12.911 motion without its required attachments is functionally a blank piece of paper. The first required attachment is the financial affidavit under Florida Family Law Rule 12.285, which must be filed within 45 days of service of the original petition or simultaneously with the motion. The second is the proposed temporary parenting plan if you checked paragraph 3(b).
The third practical attachment, while not always required, is a child support guidelines worksheet on Form 12.902(e). Most family-law judges expect to see the worksheet because it shows how you calculated the number in paragraph 3(a). The fourth is the notice of hearing on Form 12.911(c), which you file after you coordinate a hearing block with the judge’s judicial assistant.
The consequence of skipping the financial affidavit is the most severe. Under Wayno v. Wayno, Florida appellate courts have repeatedly reversed temporary support orders entered without affidavits because the trial court had no evidentiary basis. A real-world example: a Lee County father named Tomas attached an affidavit but signed it without a notary, and the Second DCA later vacated his $2,200 monthly award.
A common misconception is that you can update the affidavit later. You can amend it, but the original attachment must be substantially complete; a placeholder affidavit invites a motion to strike under Rule 12.140.
Three Common Scenarios
Florida judges see the same fact patterns over and over again, and seeing how 12.911 plays out in each one helps you draft strategically. Below are the three most common scenarios, with the parental decision and its likely consequence in each. Each scenario assumes the case is pending in a Florida circuit court after July 1, 2023.
Scenario 1: W-2 Parent vs. Self-Employed Parent
| Drafting Decision | Likely Court Outcome |
|---|---|
| W-2 mother attaches paystubs and asks for guideline support based on father’s last tax return | Judge enters guideline support but reserves jurisdiction to recalculate when father produces 12.285 disclosure |
| Self-employed father refuses to attach Schedule C | Judge imputes income at the higher of last year’s tax return or industry median per § 61.30(2)(b) |
| Mother fails to request retroactive support in paragraph 3(a) | Court awards prospective support only, mother loses 4 months of arrears |
Scenario 2: Long-Distance Parents
| Drafting Decision | Likely Court Outcome |
|---|---|
| Father in Tampa, mother in Atlanta, father asks for 50/50 | Court rebuts equal time-sharing presumption based on distance, orders school-year/summer split |
| Mother attaches relocation consent letter to paragraph 3(b) | Court adopts proposed plan because both parents agreed in writing |
| Neither parent addresses transportation costs in paragraph 3(d) | Judge splits airfare 50/50 by default, surprising the lower-earning parent |
Scenario 3: Domestic Violence Overlay
| Drafting Decision | Likely Court Outcome |
|---|---|
| Mother attaches an active injunction under § 741.30 and asks for supervised visitation | Court rebuts the equal time-sharing presumption and orders supervised visitation at a Florida Supervised Visitation Network site |
| Father denies the allegations but does not file a counter-affidavit | Court treats mother’s verified motion as unrebutted evidence |
| Mother asks for sole parental responsibility under § 61.13(2)(c)2 | Court grants sole responsibility because shared responsibility would be detrimental |
Concrete Examples With Named Parties
Real names and numbers help abstract rules click. Here are three illustrative mini-scenarios drawn from common Florida fact patterns.
Jasmine is a registered nurse in Jacksonville earning $78,000 a year. Her husband Eli earns $42,000 driving for a delivery service. Jasmine files Form 12.911(a), checks paragraph 3(a), and proposes guideline support of $612 a month based on a 60/40 time-sharing split she pleads under § 61.13(3). Because she attaches Form 12.902(c) and a guidelines worksheet, the magistrate adopts her number at the temporary hearing.
Marcus and Tonya live in Orlando and share two children. Marcus files 12.911(a) but skips the financial affidavit, hoping to “save it for trial.” The judge denies his motion and warns him that future filings without the affidavit may trigger sanctions under Rule 12.380. Marcus loses six weeks while he re-files.
Priya lives in Miami and her husband Raj lives in Boston with their daughter. Priya files 12.911(a) asking for majority time-sharing during the school year and uses paragraph 3(d) to request that Raj pay round-trip airfare for summer visitation. Because she cited § 61.13001 as the statutory hook, the court grants both requests.
Mistakes to Avoid
Even careful filers stumble on the same drafting traps. Avoiding these errors will save you weeks of delay and thousands of dollars in support you could have received earlier.
- Filing without a notarized signature, which voids the verification under Florida Statutes § 92.525 and gets the motion struck.
- Using full names of minor children instead of initials, which violates Rule 2.425 and triggers a clerk redaction order.
- Forgetting to request retroactive support, which permanently waives months of arrears under § 61.30(17).
- Attaching the wrong financial affidavit (12.902(b) when income exceeds $50,000), which invites a motion to strike.
- Asking for sole parental responsibility without pleading detriment, which the Second DCA treats as facially insufficient.
- Filing 12.911(b) when minor children exist, which the judge will deny at the hearing.
- Skipping the certificate of service, which the e-portal will accept but opposing counsel can move to strike.
- Failing to coordinate the hearing with the judicial assistant before filing 12.911(c), which the clerk may reject as a self-set hearing.
- Listing the wrong case number in the caption, which routes the filing to the wrong division.
- Ignoring the Rule 12.285 mandatory disclosure deadline of 45 days, which can result in evidence preclusion at the temporary hearing.
Do’s and Don’ts
A short rules-of-the-road list keeps your motion clean and credible.
- Do attach Form 12.902(e) guidelines worksheet because it shows your math to the judge in seconds.
- Do plead specific § 61.13(3) factors when seeking unequal time-sharing because the equal-time-sharing presumption is now rebuttable.
- Do file the motion early in the case because retroactive support runs back only to the petition date.
- Do serve every party through the Florida Courts E-Filing Portal because paper service triggers extra mailing time under Rule 12.080.
- Do keep a copy of the notarized motion because the clerk’s e-stamped version is your enforceable record.
- Don’t use outdated terms like “primary residential parent,” which signal weak research.
- Don’t leave paragraph 3 boxes unchecked, which the judge reads as relief not requested.
- Don’t estimate income; pull paystubs, tax returns, and 1099s, because § 61.30(2)(a) requires actual figures.
- Don’t schedule a hearing without a Uniform Family Law Cover Sheet (Form 12.928) if your circuit requires one.
- Don’t file 12.911 in a paternity case before the § 742.10 acknowledgment is established, because the court has no jurisdiction over time-sharing yet.
Pros and Cons of Filing 12.911
Weighing the upside and downside helps you decide whether to file now or wait for mediation.
- Pro: Locks in a support floor early, protecting the child from financial uncertainty.
- Pro: Establishes a temporary parenting plan that often becomes the status quo the judge keeps at trial.
- Pro: Triggers Rule 12.285 disclosure, forcing the other parent to produce financial records.
- Pro: Creates a contempt-enforceable order under § 61.14, which a marital settlement letter cannot do.
- Pro: Often shortens the overall case because parties settle once temporary numbers are set.
- Con: Costs filing fees, hearing fees, and (often) a court reporter the movant must arrange.
- Con: Forces both parties to disclose income early, which may hurt the higher earner.
- Con: Locks in time-sharing patterns that are hard to change at final hearing under Wade v. Hirschman.
- Con: Risks an adverse ruling that becomes the baseline for the rest of the case.
- Con: Adds litigation cost when mediation under § 44.102 might have produced the same result for less.
Filing, Service, and Hearing Procedure
After you finish drafting, you e-file the motion through the Florida Courts E-Filing Portal, pay any filing fee your circuit imposes, and serve every other party. Service after the initial petition is governed by Rule 12.080 and is usually accomplished by e-portal designation. The clerk stamps the motion and routes it to the assigned division.
You then call the judicial assistant or general magistrate’s office to obtain a hearing block, which in busy circuits like Miami-Dade or Hillsborough may be 60–120 days out. You file the Notice of Hearing (Form 12.911(c)) once the block is set, and you serve it the same way as the motion. Most temporary-relief hearings are scheduled before a general magistrate under Rule 12.490, and either party can object to the magistrate within 10 days of the order of referral.
At the hearing, you present sworn testimony, your financial affidavit, your guidelines worksheet, and any documentary evidence such as paystubs or daycare invoices. The magistrate enters a Report and Recommendation, which becomes a binding order if no party files exceptions within 10 days. The consequence of missing the 10-day exception window is that you waive appellate review of factual findings under Schmachtenberg v. Schmachtenberg.
A common misconception is that the judge will set support based on what you say at the hearing alone. The judge or magistrate is bound by the § 61.30 guidelines, which means the worksheet, not the testimony, drives the number.
Key Entities You Need to Know
A handful of people and institutions repeatedly appear in 12.911 cases, and knowing each one’s role saves time. The circuit court is the trial court with subject-matter jurisdiction over family law under Article V, Section 5 of the Florida Constitution. The general magistrate is a quasi-judicial officer who hears temporary matters by referral order and issues a Report and Recommendation. The clerk of court dockets your filing and routes it to the assigned division.
The judicial assistant schedules hearings and gatekeeps the judge’s calendar, and a polite call to that office can shave weeks off your timeline. The child support hearing officer, authorized by Rule 12.491, can hear support-only issues but cannot decide time-sharing. The Florida Department of Revenue Child Support Program becomes involved if either parent receives public assistance or requests Title IV-D services.
The Florida Bar publishes the Family Law Section commentaries that judges frequently cite. The Florida Supreme Court’s Family Court Steering Committee periodically updates Form 12.911 itself, so always verify you are using the most current version before filing. The consequence of using a 2018 version of the form in 2026 is that the clerk may reject it for omitting the post-HB 1301 time-sharing language.
Recap of Key Florida Rulings
A few appellate decisions shape every 12.911 hearing. Wayno v. Wayno established that temporary support orders entered without a financial affidavit are reversible per se. Schmachtenberg v. Schmachtenberg held that failing to file timely exceptions to a magistrate’s report waives appellate review of factual findings. Wade v. Hirschman set the substantial change in circumstances standard that makes temporary orders sticky at final hearing.
Garcia v. Garcia clarified that imputed income under § 61.30(2)(b) requires evidence of available employment in the community, not just the parent’s prior earnings history. Dep’t of Revenue ex rel. Sherman v. Daly underscored that retroactive support cannot exceed 24 months and runs from the petition date forward. Reading these cases before drafting 12.911 helps you anticipate the magistrate’s analysis.
The plain-English consequence of ignoring this case law is that your motion may technically comply with the form yet still fail at the hearing. A common misconception is that “temporary” orders are easy to undo. Florida appellate courts treat them as the baseline for the final judgment, which is why getting 12.911 right the first time matters.
FAQs
Do I have to use Form 12.911 or can I draft my own motion?
Yes. Florida Family Law Rule 12.010 strongly favors approved forms, and most circuit judges reject custom motions for temporary support and time-sharing because they omit statutory language required by §§ 61.13 and 61.30.
Can I file Form 12.911 before the other parent is served with the petition?
No. The court has no personal jurisdiction over the other parent until service is complete, so any temporary-relief order entered before service is voidable on appeal under longstanding Florida due-process precedent.
Do I need a lawyer to file Form 12.911?
No. Florida allows pro se filings, and the Florida Courts self-help center publishes step-by-step instructions, but lawyers materially improve outcomes in contested time-sharing and imputed-income cases.
Does filing 12.911 automatically schedule a hearing?
No. Filing only puts the motion on the docket; you must separately coordinate a hearing block with the judicial assistant or magistrate’s office and then file Form 12.911(c) Notice of Hearing.
Can I get retroactive child support through 12.911?
Yes. Florida Statute § 61.30(17) authorizes retroactive support back to the petition date or up to 24 months, whichever is shorter, but only if you specifically request it in paragraph 3(a).
Does the new equal time-sharing presumption mean I will get 50/50?
Yes. As of July 1, 2023, Florida presumes equal time-sharing is in the child’s best interest, but the presumption is rebuttable by a preponderance of the evidence using the § 61.13(3) factors.
Can Form 12.911 be used in a paternity case?
Yes. Once paternity is established under § 742.10, either parent can file 12.911 to request temporary support, time-sharing, and parental responsibility identical to relief in a divorce case.
Do I need to attach a parenting plan to 12.911?
Yes. If you check paragraph 3(b) requesting time-sharing, Florida Family Law Rule 12.200 requires a proposed temporary parenting plan, usually filed on Form 12.995(a).
Can I modify a temporary order entered after a 12.911 hearing?
Yes. You can file a supplemental motion showing a substantial change in circumstances, but courts generally disfavor changing temporary orders absent new facts that did not exist at the original hearing.
Will the judge use my income or my spouse’s income for support?
Yes. Florida calculates support using both parents’ net incomes under the § 61.30 guidelines, and the worksheet on Form 12.902(e) shows the line-by-line math.
Does filing 12.911 stop the other parent from moving away with the child?
No. A pending 12.911 motion alone does not block relocation; you need a separate injunction under § 61.13001 or an emergency motion to prevent unilateral relocation more than 50 miles.
Can the judge order temporary alimony through 12.911(a)?
No. Form 12.911(a) is limited to child-related relief; temporary alimony requires a separate Motion for Temporary Spousal Support, although both motions are commonly filed together and heard at the same hearing.
Related reading
- How to Fill Out Florida Form 12.930(a) (w/Examples) + FAQs
- How to Fill Out Florida Form 12.930(d) (w/Examples) + FAQs
- How to Fill Out Florida Form 12.941(a) (w/Examples) + FAQs
- How to Fill Out Florida Form 12.947(a) (w/Examples) + FAQs
- How to Fill Out Florida Form 12.995(a) (w/Examples) + FAQs
- How to Fill Out Florida Form 12.996 (w/Examples) + FAQs