For many clients, one of the most important issues in a divorce in Chicago is how they are going to be financially supported during the divorce. This is where temporary support orders come in. The goal of temporary support orders is to provide financial stability to a spouse and, sometimes, children pending the divorce. This can include both spousal maintenance, more commonly referred to as alimony and child support.
In Illinois, temporary support orders are governed by the Illinois Marriage and Dissolution of Marriage Act, 750 ILCS 5/501. Temporary orders may be requested anytime during a case and may remain in effect until the conclusion of your case. Temporary orders often are intended to maintain the financial status quo while case pends and final orders are very different from temporary ones.
Requesting Temporary Support
Application for temporary relief first involves filing a petition with the court. The petition should outline relevant facts such as the financial situation of both parties including income, expenses, and all other relevant financial data. The temporary relief that may be requested by a spouse includes maintenance or child support pursuant to statute 750 ILCS 5/501(a).
After filing the petition, the court will review it, any written responses filed by the other party, and both spouse’s financial data. The financial data is generally encompassed in Financial Affidavits presented by both sides and the Affidavits often are used as the bases for the judge’s decision.
Factors The Court Considers
In determining the amount of temporary support, a court considers several factors. The relevant factors considered by the court in determining an appropriate amount of support at the conclusion of a case are specified in 750 ILCS 5/504 for maintenance and 750 ILCS 5/505 for child support, and include the income of both spouses, the length of the marriage, the needs of each party and child, and the standard of living established during the marriage.
Keep in mind that these temporary orders may not indicate the final support order amount. Temporary orders are temporary solutions based upon present needs which may be different than facts and needs post-divorce.
How To Modify And Enforce Temporary Support Order
Life does not stand still while a divorce is pending, and changes in circumstances can render a temporary support order no longer appropriate. For example, modifications may be warranted when a spouse’s financial situation worsens or improves, living situations change, a party or a child’s health becomes impaired, etc.
To modify a temporary support order, you need to file a motion with the court. The motion shall set forth how your economic or other circumstances have changed and why a modification of the temporary support order is warranted. The court will read the motion and any response filed thereto, hear both sides arguments, and decide whether to adjust the support order.
Unfortunately, in some cases, the paying spouse may refuse to comply with a temporary support order. In that case, you may want to file a petition to enforce that order. Requests for enforcement often include a request that the non-complying party be held in contempt of court. In response, the court has tools to compel payment of spousal and child support including requiring support to be withheld from wages or other sources of money, requiring the wrongdoer to pay the other’s attorney fees, and in some cases incarceration . Strong enforcement provisions exist under Illinois law to ensure that temporary support orders are indeed complied with.
Temporary Support Order Frequently Asked Questions
How Long Do Temporary Support Orders Last?
Temporary support orders remain in effect until the judgment for divorce is entered, unless otherwise stated by the court or modified during the case. These orders are designed to provide support during the divorce case and can be modified or terminated during the case. If the divorce process takes some time, these orders can last several months or even years.
Can Temporary Support Be Modified?
Yes, temporary support can be modified. The most common reasons include substantial changes in circumstances such as the spouse paying the support losing his or her job, or the spouse receiving support earning more money. In such cases, the court will analyze the new financial situation and make its decision as to whether to grant a change or not.
What Are The Bases For Establishing Temporary Spousal and Child Support?
Temporary support orders are generally determined by a judge on a summary basis. Each spouse will submit a Financial Affidavit and supporting documents. Supporting documents include pay stubs, tax returns, etc. While a summary hearing most often does not include the introduction of evidence or the testimony of witnesses, the arguments of the spouses’ attorneys is often part of the court hearing.
What Happens If My Spouse Refuses To Comply With A Temporary Support Order?
If your spouse does not honor the judge’s order you may ask the judge to order an employer to pay the support directly, ask that your attorney fees be paid by the non-complying parent, or request that the other spouse go to jail until he or she pays what was ordered. Of course, there are situations where non-payment may be justified, i.e., where one loses a job or is unable to work due to an injury.
Can I Request Temporary Child Support If I’m The Higher Earner?
Yes, you can, under certain circumstances, ask for temporary support even if you are the higher earner. For example, if you have primary custody of the children you may be entitled to temporary child support.
How Do I Request Temporary Support In My Divorce Case?
You will need to file a request (petition) with the court for temporary support. Additionally, both sides will exchange Financial Affidavits that detail a parties’ income, expenses, assets, and liabilities. Click here to see a State of Illinois approved Financial Affidavit. The court will then have a summary hearing on that request and decide if temporary support will be paid and in what amount.
Contact Our Chicago Maintenance Lawyer For Exceptional Representation
If you are facing a divorce in Chicago and temporary support is an issue, we can help. Attorney Michael C. Craven knows the intricacies of temporary support orders and is dedicated to ensuring that your rights are maintained throughout your divorce. Contact our Chicago maintenance and child support lawyer at Michael C. Craven by calling (312) 621-5234 to schedule a consultation. We serve clients throughout Chicago and the surrounding area and are ready to help you navigate this difficult process.
