How Can I Get Temporary Support?

 Posted on May 27, 2016 in Main

During a divorce proceeding, many areas of life cease to be normal. You may have to change your schedule or your children's, you may have to make career changes, or you may simply have no money. If your issues are financial, however, there is a potential avenue by which you can stabilize things until a divorce decree is finalized. Temporary support may be available depending on the facts of your situation.

The Petition

It is sadly not uncommon that in a situation where temporary relief is not available, the spouse with increased financial leverage may be able to bully or push the poorer spouse into a settlement simply because he or she cannot afford to pay an attorney to negotiate a better settlement. The state of Illinois permits petitions to be filed for temporary child support, maintenance and interim attorney's fees to help avoid this situation.

Under the Illinois Marriage and Dissolution of Marriage Act (IMDMA) as modified January 2016, filing a request for temporary child support or spousal maintenance is fairly simple. The form to do so must be filed along with an affidavit attesting to your income and your family's expenses and any necessary supporting documentation.

The Hearing

A major change between the old and new procedures for temporary support is in regards to the hearing to decide a petition. Previously, the hearing would have been evidentiary in nature, meaning that witnesses would have been called and the entire procedure would have been more adversarial. Under the new guidelines, however, the hearing is non-evidentiary—it can be decided solely by the judge, on the evidence available at the time (rather than calling witnesses or issuing subpoenas for additional information).

This can make a huge difference for the spouse requesting temporary relief, because historically, requests for evidence have delayed the process significantly. With the evidentiary hearing changed to be non-evidentiary, a judge can make a much faster determination of whether or not temporary support is warranted.

Ask an Illinois Family Law Lawyer for Assistance

While it is possible to file a temporary support petition on your own, the process will be immeasurably smoother with an experienced attorney on your side. The dedicated Wheaton, Illinois family law attorneys at MKFM Law will be happy to help you with any questions you may have, and will go to bat for you so that you and your children can be taken care of at all times. Contact us via our website or telephone at 630-665-7300 to set up an appointment.

Sources:

http://www.ilga.gov/legislation/ilcs/documents/075000050K501.htm

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