How Can a Temporary Relief Order Benefit My Family Before My Divorce Is Finalized?

 Posted on September 18, 2020 in Divorce

If you are a parent who is considering divorce, you may have concerns about how financial issues and child custody concerns will be handled between the initial split and the conclusion of the divorce. Divorce cases, especially high asset divorces and those involving a high degree of conflict, can take several months or several years to resolve. You may be asking yourself, “How will I make ends meet without my spouse’s income during the divorce process?” or “How will parenting time and parental responsibilities be divided before the divorce is finalized?” One way to answer these questions is to petition the court for temporary relief orders.

Temporary Arrangements for Child Custody, Child Support, and Spousal Maintenance

A petition for temporary relief asks the court to issue temporary court orders regarding certain financial and child-related issues. You can ask for a temporary relief order at any time throughout the divorce process. The temporary relief may address issues related to:

• Possession of the marital residence
• Spousal maintenance (alimony)
• The sale of marital property
• Health insurance
• Child custody
• Child support

The directions contained in temporary orders only last until the divorce is finalized. These orders may be modified if a spouse experiences a “significant change in circumstances” that necessitates the modification. Temporary orders for child support and spousal maintenance have no impact on the final orders. It is very possible that the amount of child support or spousal maintenance awarded in the final judgment will differ from what was awarded in the temporary order. On the other hand, temporary child custody orders can influence the final decisions about the allocation of parental responsibilities and parenting time. This is because the court makes child custody decisions based on the best interests of the child. It is generally assumed that dramatically changing a child’s living situation only adds to his or her stress during divorce. Consequently, courts are inclined to consider the child’s living arrangements during the divorce when deciding post-divorce custody issues.

Determining the Amount of Temporary Support to Be Awarded

Temporary orders for spousal maintenance and child support can provide a spouse with financial relief before any final decisions about maintenance and support are settled. When determining the amount of temporary relief that a spouse receives, the court will consider the incomes, assets, and needs of each party as well as the needs of the children. The court will review the spouses’ financial affidavits and parenting time arrangement and evaluate financial documents such as pay stubs, tax returns, and bank statements to determine fair and reasonable temporary support arrangements.

Contact a Kane County Divorce Lawyer

If you would like to learn more about temporary relief during your divorce or you have other divorce-related concerns, contact Shaw Sanders, P.C. Call our office at 630-584-5550 and schedule a free consultation with one of our skilled St. Charles divorce attorneys today.

Source:

https://www.ilga.gov/legislation/ilcs/ilcs4.asp?ActID=2086&SeqStart=6000000&SeqEnd=8300000