Understanding Temporary Orders for Maintenance and Child Support

 Posted on February 15, 2021 in Kane

The process of divorce can often take much longer that you expect. Depending on the circumstances of your case and the considerations that must be made, the proceedings can carry on for months and, in some situations, even years before a final judgment is entered by the court. During that time, of course, your life does not simply stop. You must continue paying your mortgage and utility bills and providing for your children—only now you are faced with managing such things on your own. For this reason, Illinois law provides courts with the authority to issue temporary orders that can offset some of the financial difficulties that many divorcing individuals face.

Temporary Spousal Support

It is not uncommon in a marriage for one spouse to earn significantly more than the other. Such an arrangement may serve a couple perfectly well while the marriage is intact, but once divorce proceedings have been initiated, things can change quickly. A financially disadvantaged spouse may file a motion for temporary maintenance with the court. Based on the circumstances as they exist at the time, the court may order the higher-earning spouse to make support payments directly to the lower-earning spouse. The court could also require the higher-earning spouse to cover certain expenses—such as those related to the marital home—for the duration of the divorce.

A temporary order will only last until the divorce proceedings are finalized or otherwise modified. The issuance of a temporary maintenance order is not contingent on a request for long-term maintenance nor is it necessarily indicative of an ongoing need for support.

Child Support Concerns

The court also has the authority to issue a temporary order for child support. In many cases, the parents can reach a tentative agreement regarding parental responsibilities until a permanent order is issued. If the parents cannot decide who will be primarily responsible for the child during the divorce, the court will make the decision for them. Once that has been determined, a temporary order for child support may also be entered until the matter can be heard in greater detail during the divorce proceedings.

Call a Kane County Lawyer for Help

By definition, temporary orders are not intended to extend beyond the divorce process, but the terms of such orders can become part of the permanent divorce settlement. That is why it is important to work closely with an experienced Kane County family law attorney from the very beginning. To learn more about temporary orders for maintenance or child support, call MKFM Law at 630-665-7300 today.

Source:

http://www.ilga.gov/legislation/ilcs/ilcs5.asp?ActID=2086&ChapterID=0