Temporary Spousal Support During Divorce in Illinois

 Posted on April 12, 2017 in Divorce

When a couple files for divorce, there may be a great discrepancy between their incomes—a difference that can make life very difficult for the lower wage earner when the other spouse is no longer contributing to the household. To avoid such a situation, Illinois divorce law provides for a proceeding called a Petition for Temporary Support and Other Relief.

If a judge grants the petition, one spouse may be required to pay spousal support to the other to assist with living expenses; the arrangement is temporary and only lasts until a final order is entered to conclude the divorce. There are strict rules governing the petition process, so it is wise to consult with an Illinois spousal maintenance attorney for assistance.

Petition with Supporting Affidavit

Either spouse in a divorce proceeding may file a petition to receive temporary spousal maintenance, so long as it is accompanied by an affidavit stating the facts that entitle him or her to support. The affidavit must include financial documents such as tax returns, bank statements, business financial statements, and other paperwork to support the facts asserted by the petitioner.

Once the petition and affidavit are filed, the court will make a determination on a “summary” basis, without the need for an evidentiary hearing: The judge issues a decision based upon the information contained in the affidavit. A temporary order for spousal support is issued, which will last until another temporary support arrangement amends the first.

However, the responding spouse may request an evidentiary hearing if he or she can show good cause. For example, if there are discrepancies between the facts stated in the affidavit and the financial documents—or if documents were left out—the respondent can raise these issues before the court. The penalties for making misleading or false statements are severe. If a party recklessly or intentionally presents inaccurate information, the responding spouse may recover attorney’s fees.

Response to the Petition for Temporary Maintenance

The other spouse has the opportunity to respond to the petition by filing documents within 21 days after receiving notice from the petitioner. If the responding spouse presents information establishing the need to amend the temporary spousal support order, a judge may issue a new order.

Work with an Experienced Attorney in Illinois Divorce Cases

Going through a divorce is already difficult; having to worry about how you are going to live without your spouse’s contribution to the household only makes the situation worse. It may be possible to obtain spousal support during your divorce, but it is necessary to follow all procedural rules when petitioning the court. A qualified spousal maintenance lawyer can assist you with the process and offer advice on all areas of divorce law. For more information on spousal support matters, please contact the Davi Law Group, LLC. Our experienced DuPage County family law attorneys are available to answer your questions or schedule a consultation today.

Source:

http://www.ilga.gov/legislation/ilcs/ilcs4.asp?DocName=075000050HPt%2E+V&ActID=2086&ChapterID=59&SeqStart=6100000&SeqEnd=8350000