Petitioning for Temporary Maintenance and Child Support in Illinois

 Posted on April 05, 2021 in Child Support

Getting a divorce can be a source of many new financial challenges, especially if you have been dependent on your spouse for support. Your divorce resolution may include orders for spousal maintenance and child support to help you provide for your own expenses and those of your children, but if you are going through a lengthy divorce process, financial struggles may begin well before the divorce is finalized. In these cases, it may be important to pursue temporary maintenance and child support.

When is Temporary Relief Appropriate?

The primary factor that a court will consider when determining whether to grant temporary maintenance or child support during the divorce process is the petitioning spouse’s financial need. When petitioning for relief, you will need to file a financial affidavit outlining your current situation and support it with evidence in the form of documents including:

• Pay stubs

• Bank statements

• Tax returns

• Any other relevant documents that speak to your financial need

Submitting thorough and accurate evidence is crucial to the success of your petition, and working with an experienced attorney can help you ensure that you include everything you need to make a strong case. If the court finds that you have been intentionally dishonest in your affidavit, it will impose financial penalties that will only exacerbate your struggles.

How is the Amount of Temporary Support Determined?

An Illinois court will issue a decision as to whether temporary support should be granted, and if so, what the amount should be, on a summary basis after reviewing the financial affidavit and other materials submitted. An appropriate amount will be determined at the court’s discretion based on the facts of the specific case.

This differs substantially from how spousal maintenance and child support are calculated in a final divorce resolution, when clearly delineated formulas are typically used for each. The court will also consider a variety of other factors to determine how to address maintenance and support in the divorce resolution, including a spouse’s or child’s accustomed standard of living, a spouse’s contributions to the marriage and their former spouse’s career, and a child’s extraordinary needs. When the divorce becomes finalized, temporary maintenance and child support awards will terminate, and new orders included in the divorce decree will take effect.

Contact a Rolling Meadows Divorce Lawyer

At Cosley Law Office, we know how difficult it may be to stay financially afloat during the divorce process, and we can help you secure relief. We will advise you on your options for pursuing temporary support and help you prepare your financial affidavit and supporting evidence. We will also represent you to ensure that your divorce decree includes maintenance and child support terms that protect your interests. For a free consultation with an Arlington Heights divorce attorney, contact us at 847-253-3100 today.

  Source:

https://www.ilga.gov/legislation/ilcs/ilcs4.asp?ActID=2086&ChapterID=59&SeqStart=6000000&SeqEnd=8300000