Temporary Maintenance and Child Support in Divorce

A gavel lying on top of money

Divorces take months, even when both spouses agree on all issues. In heavily litigated cases, the process can take years. However, life doesn’t just stop in the process. Bills will continue to come, children have needs, and you need support to continue living while you sort out your divorce.

This is why Illinois courts award temporary maintenance and child support.

In this article, we’ll discuss what each is and when it is generally awarded so you can determine if it may apply in your case.

What is Temporary Maintenance?

Maintenance, or spousal support, is money one spouse receives from another in divorce for support. Temporary maintenance is particularly common in cases where one spouse earns significantly more than the other or if one spouse hasn’t worked for years to raise the family while the other spouse has solely supported the family.

Temporary maintenance may include payments from the higher earning spouse to the lower earning spouse. Some judges may also order the higher earning spouse to pay for certain bills, like the mortgage, throughout the duration of the divorce, even if he or she has since moved out.

Temporary maintenance will remain in place until your divorce is finalized. Then, if you are going to receive long-term maintenance as part of your divorce judgment, the new payments will begin.

What is Temporary Child Support? 

Child support is like temporary maintenance because it means the higher earning spouse will provide money or pay specific expenses for the children throughout the duration of the divorce.

Because children’s issues are typically resolved prior to the entry of a Judgment for Dissolution of Marriage and Marital Settlement Agreement, temporary child support is likely to get replaced with a permanent child support order well before your divorce is over. However, if you have concerns before the divorce is finalized, it’s best to seek temporary child support to cover expenses you can’t in the interim.

Take Advantage of the Relief You Deserve

Many spouses simply aren’t aware that these options are open to them as part of their divorce. However, temporary maintenance and child support are simply remedies the courts provide to ensure no spouse is struggling to live while a divorce is pending.

If you believe you may need temporary relief in your DuPage, Kane, Kendall, or Will County divorce, Lawrence R. Surinak Ltd. can help. Larry has over 35 years of experience in divorce and family law and is happy to answer any questions you have regarding temporary support at your free, 30-minute consultation.

Contact us at 630-470-9990 to arrange your appointment or fill out our online form to request a time. We look forward to hearing from you and offering the support and information you need. 

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