Obtaining Temporary Maintenance (spousal support)
During your divorce case, you can seek an award of temporary maintenance (formerly known as alimony). Many people fear that they will have to wait until the end of the case for their spouse to provide them with maintenance but this is simply not the case. In order to receive temporary financial support from your spouse, you have to file a Petition with the court and attach an affidavit as to the reasons why you need spousal support. Your affidavit is a very important piece of the puzzle. Your affidavit should be as detailed as possible. You need to show the judge that you financially need support and that your spouse has the financial means necessary to provide you with that support. You should also include all other relevant factors in your Petition and affidavit, including the property owned by you and your spouse and your monthly debt.
Some of the factors that your judge will consider when awarding temporary maintenance are:
- the income of you and your husband
- the property of you and your husband
- any impairment on your ability to seek employment
- the duration of the marriage
- the standard of living during the marriage
- if there is an agreement between you and your spouse
One factor a court will not consider is marital misconduct. In other words, it does not matter to your divorce judge if your spouse was not faithful to you.
This temporary award of maintenance may be lower than the final award of maintenance you receive. The temporary hearings tend to be shorter in duration than a final hearing as the court just wants to make sure that each party has sufficient resources to complete their litigation.Obtaining Temporary Child Support
One of the most pressing issues in the beginning of a divorce case is ensuring that the children are being properly taken care of (financially and emotionally). To this end, judge’s will put a child support Petition on the fast track. Again, as with a Petition for Maintenance, if you are seeking temporary child support, then you have to file a Petition and attach an affidavit stating the reasons for child support. The affidavit should set forth the financial need for the support and the ability of the other parent to provide that support.
This temporary award of child support may also be a lower amount than the final amount of support to be determined later. One of the main reasons why the amount of support might be lower at this time is because your lawyer might not have all of your spouse’s financial and employment records. Your lawyer will be able to obtain the relevant financial documents during the discovery phase of your case.Going Through a Divorce and Need Temporary Relief?
If you are contemplating a divorce or if you have already filed a case, be sure and work with a reputable attorney. The lawyers at the Taradash Group, P.C. have the knowledge and experience necessary to make sure that you and your children are protected financially. Feel free to call us at (312) 775-1020 (there is no charge!) or contact us online to ensure your rights are protected.