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HELP WHILE COURT PROCEEDINGS ARE PENDING |
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Do I have to wait until the case is finalized to obtain child support, child custody, or maintenance (alimony)? |
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What types of temporary relief are available? |
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I am currently in
- divorce proceedings,
- paternity proceedings or
- proceedings to modify maintenance, child support or child custody.
Can I obtain relief before the conclusion of the proceedings? |
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How long does temporary relief last? |
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Can the court modify/change temporary orders? |
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Do temporary orders affect the final judgment in a case? |
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How does the court decide who is granted temporary custody? |
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How do temporary custody orders affect the final child custody order? |
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On what basis does a court set temporary child support? |
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How does a court set temporary maintenance/alimony? |
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What is an injunction/temporary restraining order? |
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I'm afraid if I tell my spouse I am seeking an injunction she will try to dispose of assets, will otherwise harm me before the hearing, etc. Can I obtain an injunction without notifying the opposing party? |
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Can I receive attorney fees before the end of the proceedings? |
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What factors will the court consider before awarding interim attorney fees? |
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Are interim attorney fees awarded before or after I incur the costs? |
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My spouse cannot afford to pay attorney fees either. What can the court do? |
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| Q: |
Do I have to wait until the case is finalized to obtain child support, child custody, or maintenance (alimony)? |
| A: |
No. You are entitled to temporary relief. |
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| Q: |
What types of temporary relief are available? |
| A: |
You can ask for temporary child custody, child support or maintenance. You can also seek restraining orders and interim attorney fees. |
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| Q: |
I am currently in
- divorce proceedings,
- paternity proceedings or
- proceedings to modify maintenance, child support or child custody.
Can I obtain relief before the conclusion of the proceedings? |
| A:: |
Yes. Illinois law allows for temporary relief in each of the above situations. |
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| Q: |
How long does temporary relief last? |
| A: |
Temporary relief continues until the end of the case unless the court terminates or modifies the relief. |
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| Q: |
Can the court modify/change temporary orders? |
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Yes. |
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| Q: |
Do temporary orders affect the final judgment in a case? |
| A: |
No. Temporary financial orders are not prejudicial. The court cannot consider a temporary order in its final disposition of the case. However, temporary child custody may affect the final determination of custody. |
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| Q: |
How does the court decide who is granted temporary custody? |
| A: |
The court will decide temporary custody the same way it decides permanent custody. The best interest of the child is paramount. Either party can request a hearing to present evidence. If neither party wants a hearing, the court may decide solely on the affidavits of the parties. |
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| Q: |
How do temporary custody orders affect the final child custody order? |
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In deciding custody, the court must decide based on the best interest of the child. The court generally considers a stable custodial arrangement to be in the best interest of the child. Therefore, the party granted temporary custody has an advantage when determining permanent custody. The parent who has been the primary care taking parent is usually granted temporary custody unless there is a "smoking gun" in her/his hand. |
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| Q: |
On what basis does a court set temporary child support? |
| A: |
The court sets temporary child support in the same manner as final child support. The court will order the non-custodial parent to pay a percent of net income based on guideline figures of 20% for one child, 28% for two children, 32% for three children, etc. up to 50% for six or more children.
Often the amount of child support and the income of the parent who has custody of the children is not sufficient to pay the bills. In such a case the court may order, in addition to child support, that the non-custodial parent also pays the mortgage, etc., but rarely is this more than 50%. The support level should return to the guideline amount when the case is finalized. |
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| Q: |
How does a court set temporary maintenance/alimony? |
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The court considers a variety of factors including age, income, length of marriage, and health. After considering these factors the court will award maintenance in an amount it deems just. |
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| Q: |
What is an injunction/temporary restraining order? |
| A: |
An injunction is a court order requiring someone to do, not do, or stop doing something. Injunctions are sometimes called restraining orders. Temporary restraining orders are injunctions lasting for ten days or less and are granted without notice to the opposing party. |
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| Q: |
I'm afraid if I tell my spouse I am seeking an injunction she will try to dispose of assets, will otherwise harm me before the hearing, etc. Can I obtain an injunction without notifying the opposing party? |
| A: |
Yes. In this situation you can request a temporary restraining order. The court will enter a temporary restraining order without notice to the opposing party if you also meet the requirements for an injunction. The temporary restraining order lasts only ten days and then the other side is entitled to a hearing. |
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| Q: |
Can I receive attorney fees before the end of the proceedings? |
| A: |
Yes. The court can award attorney fees during the proceedings. |
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| Q: |
What factors will the court consider before awarding interim attorney fees? |
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The court will award interim attorney fees as needed to allow a party to participate in the litigation. Primary factors the court may consider include the earnings, property, and needs of each party. The amount your spouse paid his attorney should also be considered. |
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| Q: |
Are interim attorney fees awarded before or after I incur the costs? |
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Both. Interim attorney fees can be awarded for fees already incurred, but can also include reasonably anticipated fees and costs. |
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| Q: |
My spouse cannot afford to pay attorney fees either. What can the court do? |
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If neither party has adequate income or assets to pay reasonable attorney fees, then the court should allocate the available funds to achieve equality between the parties. |
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