During a divorce proceeding, a lesser earning spouse or a spouse who is taking care of children may need financial resources. He or she may request temporary child support and/or temporary spousal maintenance by filing a motion with the court.
The spouse or parent seeking support will submit a financial affidavit to the court and his or her spouse will respond by providing requested information regarding their finances. It is important to report all financial resources, as inaccurate or misleading affidavits may result in the award of attorney’s fees and court costs to the other spouse.
Temporary child support and temporary spousal maintenance are generally awarded without a hearing (summary decision) after a court reviews both spouses’ financial affidavits and supporting documentary evidence (tax returns, pay stubs, and more).
The court is not bound by statutory guidelines when deciding how much temporary support will be awarded. They will base their decision on a case by case basis, weighing the needs of the requesting spouse and children against the available financial resources of each party.
Temporary orders are not a baseline for final orders; the final amount of child or spousal support may vary from the temporary orders. The temporary orders terminate when the final order is issued.
When you have questions regarding temporary child support or temporary spousal maintenance contact the Libertyville family law offices of Ronald L. Bell & Associates, PC for immediate assistance at 847-495-6000.