Temporary Relief refers to the spousal and/or child support one party requests from the other while divorce proceedings are ongoing. Under the Temporary Relief section of the Illinois Marriage and Dissolution of Marriage Act (effective January 1, 2016) either party may request that the court award you temporary spousal and/or child support as long as your petition is accompanied by an affidavit detailing the factual basis for the relief. The Illinois Supreme Courthas one affidavit form for financial affairs to be used by every court throughout the state.
The party petitioning for temporary relief must produce evidence of the petitioning party’s finances. To meet this requirement, income tax returns, pay stubs, banking statements, and any other proof of the petitioning party’s finances should be attached to the affidavit. Thus, if you are considering filing for divorce, try to be aware of and have a copy of your important financial documents. This preparation may expedite the process and alleviate additional attorneys’ fees. However, if your spouse has kept you in the dark regarding your finances, do not worry, we may be able to either subpoena the financial records or obtain them through a legal proceeding.
The court hearing to decide the issue of whether temporary relief is appropriate used to be a long drawn out evidentiary hearing. However, this issue is now dealt with on a summary basis, which means there will be an abbreviated hearing where the court reviews the financial affairs affidavit, supporting documents, and listens to brief oral arguments by your attorney. There is still an exception for good cause, meaning a more extensive evidentiary hearing may be appropriate at times. Judges in McLean county have indicated that limited access to your financial information/documents, for reasons outside of your control, may qualify as “good cause”, thus giving your divorce attorney the opportunity to more fully explain your financial situation and present additional evidence as to why temporary relief is warranted in your case.
If you are concerned about your finances being viewed by the public, don’t worry, any affidavit and/or supporting documents submitted to the court are not public record, unless otherwise ordered by the court. In most cases, the court would not have reason to make these documents public record. It has long been the Illinois court system’s intention to keep personal financial affairs private if at all possible. Thus, the affidavit and accompanying documents will typically be viewed only as necessary.
Any disparity between the financial affairs affidavits and/or the attached documents allegedly in support of the affidavits may be challenged upon a motion by your divorce attorney, and a subsequent hearing will be held on the issue. Courts may impose substantial penalties and sanctions for inaccurate or misleading affidavits if they are intentionally or recklessly filed.
Temporary Relief orders terminate when the final judgment order is entered or when the petition for dissolution of marriage is dismissed. If a temporary spousal or child support order is entered, there is still an opportunity for modification or revocation before the final judgment, on a showing by affidavit and upon hearing (meaning if the party submits an affidavit stating why the temporary relief order should be modified or revoked and the court finds the reason(s) to be sufficient).
If you believe that your well-being or the well-being of your children are jeopardized by your spouse continuing to live in the marital home during the divorce proceedings, you may want to file a petition for the temporary eviction of your spouse from the family home. This is referred to as Allocation of Use of Marital Residence. The allocation of the marital residence continues until parenting time is decided, which is addressed at a later hearing during which the judge considers a variety of factors and determines the appropriate parenting time/schedule based on the best interests of the child.
If you or someone you know needs a divorce attorney in Bloomington, IL, contact the family law firm of Koth Gregory & Nieminski at 309-828-5090. Let us ease your burden and be your advocate.
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