Temporary Child Support 101

Establishing Temporary Child Support in Yorkville, Illinois

TEMPORARY CHILD SUPPORT ORDER 101

Starting Child Support During a Divorce?

Temporary child support is an initial court order while the divorce is pending.  The first step to begin child support is to file a Petition for Dissolution of Marriage/Civil Union in Yorkville, Kendall County.  A filing fee must be paid to begin the divorce case as well or you may ask the court for an exemption from the filing fee (due to a lack of income/finances). 

Petition for Dissolution of Marriage with Children

A Petition for Dissolution of Marriage with Children is a legal petition which request relief from the court.  The Petition for Dissolution of Marriage with Children will have a paragraph or a section, which addresses child support.  Here is an example of the type of language that will be included in the Petition for Dissolution of Marriage with Children.

            “As a result of the marriage, two children were born to the parties, namely, John, age 10 and Jessie, age 13.  No other children were born or adopted by the parties and Cynthia is not now pregnant.  That Petitioner, Cynthia, should be designated as the parent having the majority allocation of parenting time and designated as the primary residential custodian for school purposes, pursuant to Section 606.10 of the Illinois Marriage and Dissolution of Marriage Act and Section 10-20.12b of the School Code.  The Respondent earns sufficient income to contribute to current and future school fees and costs, as well as expenses for extracurricular activities; and any uncovered medical and dental expenses incurred on behalf of the minor children”.

The purpose of the child support provisions is to put the Defendant Spouse on notice that the Plaintiff spouse is seeking child support and related expenses.  Child support can begin to accrue (even though no payments have been made) after the Defendant Spouse is served a copy of the Petition for Dissolution of Marriage with Children. 

Service of Process in Yorkville and Kendall County

Service of process is the official notice to the Defendant Spouse about the pending divorce.  When divorce cases are filed, the Petitioning spouse must provide the Defendant Spouse notice of the pending divorce petitions.  A divorce summons is the official notice document that the Kendall County Sheriff’s Office serves to the Defendant Spouse.  The Sheriff’s Office typically will serve the Defendant Spouse a copy of the Summons, which gives the court date, time, and location and a copy of the Petition for Dissolution of Marriage with Children.  The Summons is your official notice that you have been named as a party in a lawsuit or a divorce case.

Who Serves the Divorce Summons?

In most cases, the Sheriff’s Office where the Defendant resides (or the location that is being served) or a Private Process Server will file the official Summons in the divorce case.  Generally, the Sheriff’s Office or Private Process Server will attempt service at the Defendant’s residence or their place of employment.

Financial Affidavit:  Illinois Supreme Court

The Illinois Supreme Court has developed a statewide (Illinois) Financial Affidavit, which is necessary to fill out in a divorce or dissolution of marriage case in Illinois.  The financial affidavit requires the exchange between spouses of the following documents:

  • Income tax returns
  • Pay stubs
  • Other Proof of Income (Profit and Loss Statement)
  • Bank Statements
  • Other Supporting Documents

Often, the Defendant Spouse and Plaintiff Spouse will give their last three (3) pay stubs to begin the temporary child support process.  Normally, the Defendant Spouse will have a period to respond to the Petition for Dissolution of Marriage with Children or other forms of Petitions.  The Petition for Child Support may also be named “Petition for Temporary and Permanent Child Support” or something related to this.  The purpose of the Petitions is to inform the Defendant Spouse about their desire to ask for child support pursuant to Illinois Divorce Statute.

The financial affidavit exchange gives both sides relevant information to calculate child support.  In Yorkville and Kendall County, many spouses have overtime, seasonal jobs, or self-employment, which make calculating child support and related expenses.

Child Support Hearing

A Yorkville and Kendall County child support hearing is a court date where the Kendall County Judge will decide regarding child support and related expenses.  A hearing is a semi-trial where both Plaintiff and Defendant must be prepared with their payroll stubs and income tax returns (if applicable).  Often, the beginning of child support will calculate both spouse’s income to calculate the total household net income.  The total household net income will be used to calculate the total child support due for the family and the Defendant Spouse will pay child support consistent with Illinois Child Support Statute (unless a deviation exists).

YORKVILLE CHILD SUPPORT ATTORNEYS FOR TEMPORARY AND PERMANENT CHILD SUPPORT IN KENDALL COUNTY, ILLINOIS

Sean Robertson is a Yorkville and Kendall County divorce attorney that focuses his practice in the areas of divorce, child custody, child support, and family law.  Sean Robertson is an experienced divorce and child support attorney with over 15 years of experience.  Sean Robertson is a law school graduate of DePaul University College of Law.  Sean Robertson can be reached at 630-882-9117.  We offer a FREE initial consultation.