Temporary Support

1. Petition and Affidavit

Frequently, a parent needs financial support for a child even during the pendency of an action. To obtain that support, the custodial parent may file a petition seeking temporary relief. The court’s ability to award support pursuant to IMDMA §505 generally goes back to the date of the filing, so it is important to file a petition for temporary relief as soon as the need is evident, often simultaneously with the filing of the petition that initiates the cause of action, whether it be for dissolution of marriage, legal separation, custody, parentage, or other pertinent proceeding. However, case law has also recognized the power of the court to award child support retroactively in certain circumstances.

With regard to modification, however, IMDMA §510 is very specific: modifications apply only to installments that accrue after due notice of a petition for modification. In cases brought under the Parentage Act, however, the court can order support back to the date of the child’s birth, taking into account specific statutory factors in determining whether that action would be appropriate. 750 ILCS 45/14.

Back to Index

See Also: