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Obtaining Child Support and Alimony Before Your Divorce Has Been Finalized

Wheaton divorce lawyersWhen one party is severely disadvantaged in a broken marriage, it can feel like an excuse to stay. Yet, unbeknownst to some, it is not necessary to do this. Instead, it may be possible for a party to obtain child support and/or alimony before a divorce has been completely finalized. Learn more in the following sections, including how to go about the process, and discover how a seasoned divorce attorney can assist and improve the outcome of your case. 

Are You Eligible for Alimony or Child Support?

Not all parties are eligible for alimony or child support in a divorce. In fact, alimony is becoming less common in divorce, and some recent changes to Illinois’ child support laws have created situations in which neither parent pays support (i.e. parents have near equal income and near equal parenting time). However, if you are disadvantaged in your marriage - perhaps because of a health condition or because you stayed home to raise your children - you may be eligible for alimony, child support, or perhaps even both.

Retroactive Support versus a Temporary Order of Support 

Most parties must wait until the divorce has been finalized to receive that support, but they are sometimes eligible for “retroactive” support, which typically covers a period of time before the order became active (usually the date of separation). In some cases, the funds may be added to the settlement. In others, the paying party may have a set amount added to their monthly obligation to cover the back support. Either way, the receiving party must find a way to support themselves until the order has been finalized. 

There are situations in which support may be sought prior to the finalization of a divorce. Known as “temporary” support, such awards are typically only awarded if the divorcing parties are physically or legally separated. There is also typically a clear and distinct financial disadvantage that leaves one party at risk for financial devastation or divorce-induced poverty. 

Obtaining Support Before Your Divorce is Finalized 

Although an attorney is not required when seeking support before the finalization of a divorce, disadvantaged parties often find that the aid and assistance of a competent attorney can ease the stress and worry they experience while navigating through the process. An attorney can also help improve the final and immediate outcomes in a case. 

Skilled in handling even the most complex of Illinois divorce cases, Davi Law Group, LLC can protect your best interests, right from the very start. We are aggressive litigators and compassionate advocates that always strive for the most favorable outcome possible. Schedule your personalized consultation with our DuPage County divorce lawyers to get started. Call 630-580-6373 today. 

Sources:

http://www.ilga.gov/legislation/ilcs/documents/075000050K505.htm

http://www.ilga.gov/legislation/ilcs/ilcs4.asp?ActID=2086&ChapterID=59&SeqStart=6000000&SeqEnd=8300000

Abraham Lincoln A lawyer’s time and advice are his stock and trade. -Abraham Lincoln
Warrenville Office
Address28371 Davis Parkway
Suite 103
Warrenville, IL 60555
Phone(630) 657-5052
Fax(888) 350-9195
Wheaton Office
Address1776 S. Naperville Road
Building A, Suite 105
Wheaton, IL 60189
Phone630-580-6373
Fax(888) 350-9195
Chicago Office
Address321 N. Clark Street
Suite 900
Chicago, IL 60654
Phone(312) 985-5676
Fax(888) 350-9195
Joliet Office
Address58 N. Chicago Street
7th Floor
Joliet, IL 60432
Phone(815) 582-4901
Fax(888) 350-9195
Davi Law Group, LLC handles family law, estate planning and real estate matters for clients in Chicago and throughout the western suburbs including DuPage County, Will County, Kane County, Kendall County and Cook County and the cities of Aurora, Bloomingdale, Bolingbrook, Carol Stream, Darien, Downers Grove, Elmhurst, Geneva, Glen Ellyn, Hinsdale, Joliet, Kendall County, Lisle, Lombard, Naperville, Oak Park, Oak Brook, Oswego, Park Ridge, Roselle, St. Charles, Villa Park, Warrenville, Wheaton, Winfield, Woodridge and Yorkville, Illinois.
Warrenville Office
Address28371 Davis Parkway, Suite 103, Warrenville, IL 60555
Phone(630) 657-5052
Fax(888) 350-9195
Wheaton Office
Address1776 S. Naperville Road, Building A, Suite 105, Wheaton, IL 60189
Phone630-580-6373
Fax(888) 350-9195
Chicago Office
Address321 N. Clark Street, Suite 900, Chicago, IL 60654
Phone(312) 985-5676
Fax(888) 350-9195
Joliet Office
Address58 N. Chicago Street, 7th Floor,
Joliet, IL 60432
Phone(815) 582-4901
Fax(888) 350-9195
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