In some pending family law cases, you may be worried about your financial picture when you have children involved. This can be a serious problem for a parent trying to manage alone on a single income. Questions can arise as to whether you will be able to pay for such things as daycare, preschool, extra-curriculum activities, sporting events, tutors, or even how to put enough food on the table.
This situation can occur when going through an Illinois divorce or a paternity action where convincing and clear evidence indicates parentage. In a divorce, you are dependent on the time it takes to build your case and on court schedules that can drag out for months. In the meantime, as a single parent you will be waiting for your case to be decided in terms of child custody, child support, or the division of marital property and assets. Fortunately, courts have built in a remedy for this temporary lack of support which can be sought when the care of children is at stake.
The Motion for Temporary Child Support in Illinois
In a divorce while awaiting the final court decision about child support, you can file a motion for temporary child support. This motion’s purpose is to help make provisions for your child’s needs and care while your divorce or paternity case is pending. When you request such financial provision, you are required to file your motion with the court while including an affidavit about your current financial condition. The affidavit must include relevant documentation on your finances, like banking statements, pay stubs, or tax returns. This information must back up your claim for a need for child support.
After your motion for temporary child support is filed with the court, you can expect to have a court hearing. In the hearing, the court will review the individual facts of your case. The court may look at various factors such as the needs of the children involved, the needs of both parents, the standard of living that was established during the marriage, and more. The court will also review whether the other parent has the ability to pay based on child support guidelines established by the state of Illinois. These guidelines factor into the matter each party’s income, certain expenses, and how much time a child spends with each parent.
Should the court order temporary children support to one party, that support will only be effective until the final divorce decree when all matters pertaining to the divorce are settled. Among those matters are the issues of child custody and visitation arrangements, the division of marital property and assets, alimony, and child support. In the case of paternity, it will be established whether or not the alleged father is the biological father who then may be liable for temporary child support payments while seeking some type of custody through the courts.
Experienced Legal Help from the Law Offices of Jonathan Merel, P.C.
If you need temporary child support in the greater Chicago area, look no further for help than the Law Offices of Jonathan Merel, P.C. We focus exclusively on Illinois family law and have helped innumerable individuals and families in the area for the past decade. We have offices in downtown Chicago as well as in Skokie and Highland Park. With extensive experience, negotiation and litigation skills, and a determination to fight for every client, we have earned a reputation for outstanding legal service in the area.
Talk to an attorney about your case. Call us at (312) 487-2795 to get started.