Erlich Law Office

Call Today (630) 538-5331
Call Today (630) 538-5331
Evening and weekend appointments available
  • Home
  • Attorney Profile
  • What we do
  • Testimonials
  • FAQ’s
  • Blog

How to Petition for Temporary Support

Denise Erlich Image avatar by Denise Erlich

Each character of child support shows on a small block, law gavel

A divorcing party petitioning the court for temporary child support and/or spousal support must complete the relevant forms, file them, serve the other party, and prepare for the hearing. Alongside the petition, the petitioner must provide a financial affidavit outlining his or her need for support with convincing reasoning. The petitioner must also support the affidavit with valid documents, including bank statements, payslips, and tax returns.

Filing a Temporary Support Petition

Filling Out the Forms

The petitioner must complete at least two forms to file his or her petition. He or she must start by completing the Fee Information Sheet. This form helps the Clerk of Court determine if the petitioner has to pay a filing fee. If the petitioner has paid his or her initial appearance fee already, the petitioner doesn’t have to pay an extra filing fee. Courts often exclude the temporary support petition from the typical filing fees because it’s a petition made before the final divorce.

If the petitioner wants the court to address issues like child support and spousal support, he or she must complete the Motion for Temporary Custody, Support, and/or Exclusive Possession form. The petitioner must also fill out the Financial Disclosure form and attach his or her most recent payslips to it. Divorce lawyers can guide the divorcing party on identifying the right forms for requesting temporary support and filling them out correctly.

Filing the Forms

The petitioner can submit the filled-out forms online through e-filing, by mail, or by taking them to the courthouse in person. Upon receiving the petition, the clerk will file a Clerk’s Notice of Hearing. This action establishes a hearing date or a day when the judge will look at the petition and make a written ruling.

Serving the Other Party

The petitioner must serve the other party or the other party’s attorney with all the filed documents. He or she can serve the documents electronically via the court’s e-service program, by mail, or in person. Upon serving the documents, the petitioner must complete a Certificate of Service form that specifies when, where, and how he or she served the documents. He or she must file this form before the hearing.

Preparing for the Hearing

The divorcing parties can attend the hearing in person, by phone, or video. The party preferring to appear by phone or video must complete the relevant form and turn it in at least seven days before the hearing.

Share Button

  • Family Law
    • Divorce
    • Child Support
    • Child Custody and Visitation
    • Spousal Support
    • Post-Decree Modification
    • Order of Protection
  • Business Litigation
  • Collaborative Law

Categories

  • Child Custody
  • Divorce
  • Family Law
  • Infographics
  • Spousal Maintenance (Alimony)
  • Uncategorized
  • Visitation
Denise Erlich Avvo Rating Denise Erlich avvo review Denise Erlich Avvo clients choice Denise Erlich Avvo clients choice

Archives

  • September 2022
  • August 2022
  • July 2022
  • May 2022
  • April 2022
  • March 2022
  • February 2022
  • January 2022
  • December 2021
  • November 2021
  • October 2021
  • September 2021
  • August 2021
  • July 2021
  • June 2021
  • May 2021
  • April 2021
  • March 2021
  • February 2021
  • January 2021
  • December 2020
  • November 2020
  • October 2020
  • September 2020
  • August 2020
  • July 2020
  • June 2020
  • May 2020
  • April 2020
  • March 2020
  • February 2020
  • January 2020
  • December 2019
  • November 2019
  • October 2019
  • September 2019
  • August 2019
  • July 2019
  • June 2019
  • May 2019
  • April 2019
  • March 2019
  • February 2019
  • January 2019
  • December 2018
  • November 2018
  • October 2018
  • September 2018
  • August 2018
  • July 2018
  • June 2018
  • May 2018
  • April 2018
  • March 2018
  • February 2018
  • January 2018
  • December 2017
  • November 2017
  • October 2017
  • September 2017
  • August 2017
  • July 2017
  • June 2017
  • May 2017
  • April 2017
  • March 2017
  • February 2017
  • January 2017
  • December 2016
  • November 2016
  • October 2016
  • September 2016
  • August 2016
  • July 2016
  • June 2016
  • May 2016
  • April 2016
  • March 2016
  • February 2016
  • January 2016
  • December 2015
  • November 2015
  • July 2015
  • June 2015
  • May 2015
  • April 2015
  • March 2015
  • December 2014
  • Home
  • Attorney Profile
  • What we do
  • Testimonials
  • FAQ’s
  • Blog

Experience. Trust. Results.

Erlich small logo
Erlich Law Office, LLC
1 Mid America Plaza 3rd Floor
Oakbrook Terrace, IL 60181
Phone Number: (630) 538-5331
Fax Number: (630) 563-2424

Linkedin facebook

 

get driving button visa icon mastercard logo american express logo

Copyright © 2018 Erlich Law Office, LLC. All rights reserved.

Disclaimer | Privacy Policy

Site Map

LawFirm Websites by MarketJD