Statutory Basis

The statutory authority for temporary relief, including also temporary child support, is IMDMA §501(a)(1), which states:

(a) Either party may move for:

(1) temporary maintenance or temporary support of a child of the marriage entitled to support, accompanied by an affidavit as to the factual basis for the relief requested.

The statute clarifies that an affidavit, not simply a verified or certified petition, is essential for such temporary relief. The statute does not clarify, however, what type of affidavit is required, and local practices may differ. The parent seeking support may, for example, lack sufficient information to fill out the typical income and expense affidavit (see §4.83 below); if so, the affidavit for support should set out the reasons for the lack of information and the estimates necessary to give the court the minimal information required, including any special needs of the child, any unusual costs, the income of the parent from whom support is sought (if known), and other relevant factors.

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