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Temporary Maintenance During a Divorce

Posted on in Maintenance/Alimony

b2ap3_thumbnail_collaborative-divorce_600x400.jpgMany people feel as though they are stuck in a bad marriage due to the state of their finances. If you are dependent on your spouse’s income, you may be able to get temporary financial support for yourself and for your children as you work your way through the process of divorce.

Defining Temporary Maintenance

Under Illinois law, this type of support is called “temporary maintenance” and “temporary child support.” Temporary maintenance is often more easily awarded than standard maintenance—also known as alimony—which, when necessary, is awarded for longer periods of time after the divorce is final.  

Temporary maintenance is only awarded for the time between the filing of the divorce and when the divorce is made final. In determining temporary maintenance, a judge will consider the temporary arrangement for the parties’ children, the couple’s finances, and the financial obligations and needs of each spouse.

How to Get Temporary Support

The process for getting these two types of support is similar to the process for proving that you are entitled to alimony or child support, but there are some specific requirements in most cases.

In requesting a court for temporary support, you must include:

  • A sworn statement detailing the factual grounds for seeking support;
  • An Illinois financial affidavit that shows your income and expenses; and
  • Documents that support the financial affidavit, including tax returns, pay stubs, and bank statements.

These documents will not be made part of the permanent record of your case since doing so could create a risk for identity theft. Rather, they will simply be examined by the parties and the judge so that a determination regarding support can be made. The law also provides a mechanism for either spouse to contest the financial information provided by the other to the court.

For an award of temporary support, there does not need to be an “evidentiary hearing,” meaning the parties do not need to testify or introduce evidence. The award can come after a simple “summary hearing” so long as the proper documents are made available to the court. In many cases, the lower-earning spouse can also get his or her interim attorney’s fees paid for—at least in part—by the higher-earning spouse.

Contact a Kane County Family Lawyer for More Information

If you are thinking about getting a divorce, reaching out to a skilled family law attorney should be the first step you take. There are many financial issues that should be addressed by an attorney with a thorough understanding of divorce law. Contact an experienced Kane County divorce lawyer at Pucci Pirtle for a confidential consultation today. Our team will guide you through the divorce process and answer any questions you may have along the way.

 

Source:

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

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