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Temporary Support or Maintenance under the IMDMA

Posted on Oct 06, 2016

As of January 1, 2016, a request for temporary child support or maintenance MUST be accompanied by of the following:

Financial Affidavit on the form approved by the Illinois Supreme Court AND Supporting Documentary Evidence such as Income Tax Returns, Pay Stubs, Bank Account Statements.

The Financial Affidavit and supporting evidence are not made part of the public divorce file/record.  The Financial Affidavit and Documentary Evidence must be available to the Court, the Appellate Court, the Parties, the Attorneys, and other persons as directed by the Court, such as the Guardian ad Litem or Mediator.

Temporary Maintenance and Child Support are heard on what is called a summary basis predicated upon the following:

Allocation of Parenting Time; Financial Affidavits; Income Tax Returns; Bank Statements; other relevant documents.  

Evidentiary hearings can be held FOR GOOD CAUSE SHOWN, for example if there are disparities between the Financial Statement and the supporting documentation or intentional or reckless filing of an inaccurate or misleading Financial Affidavit, at which time the court shall impose significant penalities and sanctions, including, but not limited to, costs and attorneys fees.

The Court can restrain parties from spending, but as long as the appropriate order is entered, it need not specifally allow the parties to pay for necessary personal and business expenses.  The Court can also now order parties to purchase or sell assets AND require a party or the parties to borrow funds in appropriate circumstances.


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