Changes To Temporary Spousal And Child Support Laws in Illinois

Posted by Erin Birt | Dec 17, 2015 | 0 Comments

Next on the list of 2016 changes to Illinois divorce planning are updates to the Temporary Support laws, affecting both temporary spousal maintenance and temporary child support. This means that temporary financial support hearings will no longer be summary in nature. Rather, the Court will hold an evidentiary hearing to determine the resolution of these temporary support issues. This blog will highlight the changes to temporary spousal support and child support laws in Illinois.

As a result of these changes, correctly completing financial disclosure documents for child and spousal support will be critical for a successful outcome in your divorce case. Here are more details.

NEW STATE-WIDE FORMS

Under current laws, a temporary support hearing (temporary maintenance for a spouse or temporary child support) requires that parties complete and submit a financial statement and affidavit, and each county has its own form. For example, the Comprehensive Financial Statement for DuPage County, Illinois, can be found at this link:

http://www.dupageco.org/CourtClerk/CourtForms.aspx.

The new Illinois Divorce Act directs the courts to have a single statewide form and requires that tax returns, paystubs, and bank statements be attached to that form.

ACCURACY IS CRITICAL

Financial documents can no longer be casually completed. Documents that are misleading or show any discrepancy between the form and supporting documents or testimony will result in the Court imposing sanctions on the offending party. These sanctions can include payment of the other party's attorney fees.

HELP IS IMPORTANT

Because correct and timely completion of the financial affidavit is critical to success, consider hiring a divorce attorney who is trained in these areas and can effectively use divorce mediation skills to reach a consensus. My office will work with you to complete your divorce-related disclosure forms correctly and submit them on time so you avoid any form-related court sanctions.

Contact me for more information.

About the Author

Erin Birt

Since 2003, Erin N. Birt, J.D., CADC has focused her practice on parenting time, divorce, mediation, and substance abuse issues. Ms. Birt's unique background in both family law and addictions counseling help her clients successfully navigate the complex issues of coparenting and divorce. Ms. Birt also devotes her time to presenting at continuing education seminars for attorneys, mediators, and counselors.

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