Can I Receive Spousal or Child Support During the Divorce Process?

 Posted on November 06, 2020 in Divorce

If you are getting a divorce and have limited financial means of your own, it is important to work toward a divorce resolution that allows you to support yourself and your children. Often, this means ensuring that your ex is required to make regular child support and spousal support payments after the divorce. However, these payments do not take effect until the divorce is finalized, which may put you in a difficult situation during the divorce process, especially if your spouse is unwilling to cooperate. If this applies to you, you may need to petition for temporary maintenance or support.

How to Petition for Temporary Support in Illinois

In the midst of the legal divorce process, you can file a petition with the court for temporary spousal support, temporary child support, or both. However, it is important to be sure that you have good reason to do so. With your petition, you will need to submit a financial affidavit explaining your need for support with fact-based reasoning. You will also need to submit documentary evidence supporting the affidavit, which may include your bank statements, tax returns, pay stubs, and evidence of any other income.

If the court finds that you have a need for temporary support based on your affidavit and evidence, it may award it to you without requiring a hearing, although the court may decide to order a hearing to obtain clarification or additional information. However, if the court finds that your affidavit and evidence are intentionally false or misleading, it may impose penalties on you, including court costs and attorney fees.

Effect on Final Spousal and Child Support Orders

It is important to note that an award of temporary spousal maintenance or child support during the divorce process does not mean your final divorce resolution will include an award in the same amount, nor does it necessarily mean that it will include an award in your favor at all. A temporary award is issued on a case-by-case basis, whereas final awards are subject to more rigorous procedures and standardized calculations. Therefore, while you can take some comfort in the relief that temporary support brings, you should continue working with your attorney to make the case for your desired outcome in the final divorce order.

Contact a Lombard, IL Divorce Lawyer

At A. Traub & Associates, we understand the financial hardship that many spouses go through during the divorce process, and we will be a strong advocate for your needs and interests as we help you make your case for both temporary support and more permanent support orders. Call our compassionate DuPage County family law attorneys today at 630-426-0196 to schedule your confidential case evaluation.

Source:

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