In this article, we explain temporary child support orders and temporary spousal maintenance orders in Illinois. For an overview of Illinois child support law, check out our article: Illinois Child Support 2019. For an overview of Illinois spousal maintenance law, check out: Illinois Spousal Maintenance 2019.
The purpose of temporary relief in Illinois divorce and paternity cases is to provide for the needs of the party requesting it until such time as a final hearing can be held to decide the issue on the merits.
The party requesting temporary child support or maintenance must file a motion accompanied by a form financial affidavit that states the income and expenses of the petitioner. Along with the affidavit, the movant should include financial documents to support the petition. These may include, but are not limited to:
- Tax returns;
- Pay stubs; and
- Bank statements.
Motions for temporary child support and spousal maintenance are generally decided by the court without a hearing. However, the court may hold a hearing if good cause is shown, or if there is a disparity between a party’s financial affidavit and the other documentary evidence.
If the court determines that a party intentionally or recklessly filed an inaccurate or misleading financial affidavit, the court will penalize the party with sanctions, which may include the other party’s attorney fees and court costs.
When the court issues a temporary order for child support or maintenance, it is not required to follow statutory guidelines in determining the amount of the award. Instead, the court will base its ruling on the individual facts of the case, including each party’s needs, the needs of the children, the standard of living during the marriage, and the respondent’s ability to pay.
A temporary order for child support or maintenance will not impact the final order entered after an evidentiary hearing. The temporary order will terminate when the final order is entered or when the petition for dissolution of marriage is dismissed. The order may be terminated or modified on the motion of either party supported by financial affidavits.
For a more general article on the various types of temporary orders available in divorce, check out: Temporary Relief Petitions in Illinois Divorce.
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