AM I ABLE TO GET TEMPORARY MAINTENANCE OR CHILD SUPPORT DURING MY DIVORCE PROCEEDING?

Trial courts are granted broad discretion to grant temporary support during divorce and parentage proceedings. In re Gabrys, 238 N.E.3d 1196 (1st 2023). One of the primary reasons courts are allowed to grant temporary support is to “attempt to balance the equities between the parties as fairly as possible while the dissolution case is pending.” In re Marriage of Hochstatter, 152 N.E.3d 1045 (3rd 2020).

Upon a showing of good cause and after the court considers several relevant factors, temporary maintenance or child support may be awarded. 750 ILCS 5/501(a)(3). Courts examine the parties’ financial affidavits and other supporting documentation as well as how much parenting time has been allocated to each party, if applicable. 750 ILCS 5/501(a). If a party is found to have intentionally or recklessly misled or falsified any financial document used in litigation, the court may impose severe penalties. Id. The amount of temporary maintenance and child support is generally calculated the same as if it were permanent, which is done by statute and can be calculated online.

What is important to remember about temporary maintenance and child support is that it is determined without prejudice, meaning that the determination does not impact the final judgment and that the court may reverse or modify the decision if new information comes to light that would affect the determination. 750 ILCS 5/501(c-1)(2) and (d)(1)-(2). Additionally, it’s important to remember that it is temporary and will end upon either entry of a judgment of dissolution of marriage or dismissal of the case. 750 ILCS 5/501(d)(3). Temporary relief petitions may also be used for interim attorney’s fees, temporary child custody arrangements, determination of who will reside in the family home, restraining orders, and preventing the sale of marital assets or other valuable property. 750 ILCS 5/501; see also In re Gabrys, 238 N.E.3d at 1201.

In In re Gabrys, 238 N.E.3d 1196, the First District held that the trial court abused its discretion in ordering the sale of the marital residence during a divorce proceeding. Gabrys, 238 N.E.3d at 1198. The husband and wife were married in Poland and lived in Illinois together for thirty (30) years before the wife filed a petition for dissolution of marriage in 2020. Id. She was in her 60s and had been unemployed since leaving her job at her husband’s business. Id. The court ordered the husband to pay her $5000 per month as temporary maintenance and to cover the property’s mortgage, utilities, and other expenses as the wife had no other income. Id. In July 2022, the wife traveled to Poland, despite being told by the court that she was required to attend her deposition in September. Id. at 1198, 1199. She did not attend either her deposition or a court date later the same month. Id. The trial court then granted the husband’s motion to sell the marital residence where the wife had been living while in Illinois, to which the wife filed an emergency motion for reconsideration and was denied. Id. The appellate court held that the sale of assets prior to judgment of dissolution of marriage is only permissible in extraordinary circumstances where it is required to “maintain the status quo prior to final dissolution,” such as avoiding foreclosure, as the key is that these determinations must be temporary. Id. at 1201. Here, there were no exigent circumstances requiring the home to be sold, and therefore the trial court abused its discretion in ordering the sale. Id.

In conclusion, various forms of temporary support are available remedies for those party to divorce litigation. However, there are a multitude of factors that courts consider when making these determinations, and it is important to remember that they are only temporary and may be changed either upon entry of a judgment of dissolution of marriage or before.