How Can I Get Financial Support During My Divorce?

 Posted on July 16, 2021 in Divorce

A divorce can be one of the most difficult and emotionally draining times of your life. It is also no secret that divorces can take a long time to finalize. If your spouse was the primary breadwinner in your marriage, you may wonder how you will financially support yourself and children in the meantime. After all, the mortgage, utility bills, childcare costs, and other bills still have to be paid. Luckily, you can file for temporary relief orders that can provide the financial support you need before the divorce is finalized and the final orders are entered.

Requesting Temporary Spousal Support

Before your divorce is finalized, you may request temporary spousal support from your spouse. You will be required to file a petition with the court and provide an affidavit that explains why you need the temporary relief. The affidavit has to contain bank statements, tax returns, and other financial documents that support your statements. A judge may consider several factors when deciding whether or not to award temporary maintenance, such as you and your spouse’s annual earnings, the standard of living you had during your marriage, the property you and your spouse own, and how long your marriage lasted.

Keep in mind that a judge will not consider marital misconduct in the decision. Therefore, if your spouse had an affair during your marriage, it will not affect how much temporary support you will receive.

Requesting Temporary Child Support

If you and your spouse have children together, you of course want to make sure they are taken care of during your divorce proceedings. Just like with the petition for spousal maintenance, you must file a petition and include an affidavit that explains the need for the support and provide documents, such as bank statements and tax returns, that prove the other parent can provide that support.

Modifying Temporary Relief Orders

In Illinois, temporary relief orders, including temporary child support and spousal support, can be modified if either spouse has a substantial change in circumstances. For example, if a judge ordered your spouse to pay temporary spousal support and recently lost a job or became disabled, he or she may request a modification.

Contact a Cook County Divorce Attorney

If you plan to file a temporary relief order, consider speaking to a Chicago, IL divorce lawyer. At The Law Offices of Curtis Bennett Ross LLC, we have more than 30 years of experience and can help ensure that you and your children. receive the financial support you need. Contact us at 312-984-1514 to schedule a free consultation.

Sources: 

https://ilga.gov/legislation/ilcs/documents/075000050K603.5.htm