Lawyer's secret:   You can immediately file for temporary support (child support and or alimony) to receive payments while the case is pending - you do not have to wait until the end of your case.

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Many parents don't realize that they do not have to wait until the end of the divorce to get support. Spouses are usually concerned that the other will purposefully delay the case on purpose to avoid paying support.  While your spouse can delay the case, the purposeful delay of a divorce case will not delay the payment of support. 

 

Child support and maintenance (alimony) can be ordered early in a divorce case.  After your attorney has filed the case and your spouse has has been served, either party may move the court to set temporary support, which will likely include temporary child support. A temporary child support figure can be obtained by court order usually within 60 to 90 days after the filing a case, sometimes more quickly in emergency circumstances.

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At a hearing or usually by agreement, a temporary child support obligation (and or alimony) will be set.  Later in the case, or at trial, a final amount will be determined. The sooner a case is filed, the sooner a child support obligation can be set by court order.

 

Many spouses withhold support in the attempt to financially strangle their spouse or other parent to force an unfair settlement.  This tactic must be attacked head-on by the immediate filing of a support motion and demand hearing. Often these types of motions are accompanied by a request for the contribution of attorney's fees from the higher earning spouse to the lower earning spouse.  ​

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It is very important that you coordinate with your lawyer early in the case to decide if a support motion should be treated exigently in your circumstances. There are many factors involved, but you want to try to avoid the situation where you are out of money, and feel compelled and forced to accept an unfair settlement.  

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The time table for seeking support:

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(1) The Motion for Temporary Support should be filed ASAP.  

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(2) The Motion must first be presented to the Court.

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(3) The spouse seeking support must complete a financial affidavit.

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(4) Upon presentation, the other spouse will be given time to file a response to the motion.  Often the response time is 28 days, but sometimes less.

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(5) A hearing date is set to take place shortly after the other spouse has filed a written response.

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(6) At the hearing, temporary support will be set.  

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Total time from drafting the motion to the hearing is approximately 60 days, often less. 

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The right moves when needing temporary support are:

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• File your case ASAP.  Without a case number, you cannot seek support and will not have access to the Judge.  You don't have to wait 90 days if you recently moved to Illinois.  Click Here to find out more why you don't have to wait 90 days.

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• After the case has been filed, address the financial affidavit requirement right away.  If you want to get a head start on completing this form, Click Here.

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• Understand the Illinois shared income support formula on how support is set. Click Here to see the child support calculator.  And Click Here for the statute that explains how alimony is set.

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The wrong moves when needing temporary support are:

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• Don't change employment or quit your job as this will be viewed as manipulative.

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• Don't change schools or day care as any recent changes involving the children may not be received well by the Judge.

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• Don't start dating or flaunt a significant other as this could impact custody (and who pays support), as well as, alimony (spousal maintenance).

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Spouses that seek out support are usually stay-at-home parents, or parents that earn far less than their spouse.  Also, if your spouse earns more and has recently closed accounts and or swept balances so that you no longer have access to earnings to pay for day-to-day activity, seek an attorney immediately. 

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If your circumstances are dire, call Mr. Nordini for an emergency consultation to explore affordable options to get the case started and to seek out the support necessary for you to survive the divorce process.

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Click Here to talk to Mr. Nordini TODAY.

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Click Here to email Mr. Nordini.  Mr. Nordini will replies usually within a few hours.

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Click Here for a Divorce Checklist of initial considerations for your review.

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