Rolled newspaper with the headline Changes in legislationNext on the list of 2016 changes to Illinois divorce planning are updates to the Temporary Support laws, affecting both temporary spousal maintenance and temporary child support. This means that temporary financial support hearings will no longer be summary in nature. Rather, the Court will hold an evidentiary hearing to determine the resolution of these temporary support issues.

As a result of these changes, correctly completing financial disclosure documents for child and spousal support will be critical for a successful outcome in your divorce case. Here are more details.

NEW STATE-WIDE FORMS

Under current laws, a temporary support hearing (temporary maintenance for a spouse or temporary child support) requires that parties complete and submit a financial statement and affidavit, and each county has its own form. For example, the Comprehensive Financial Statement for DuPage County, Illinois, can be found at this link:

http://www.dupageco.org/CourtClerk/CourtForms.aspx.

The new Illinois Divorce Act directs the courts to have a single statewide form and requires that tax returns, paystubs, and bank statements be attached to that form.

ACCURACY IS CRITICAL

Financial documents can no longer be casually completed. Documents that are misleading or show any discrepancy between the form and supporting documents or testimony will result in the Court imposing sanctions on the offending party. These sanctions can include payment of the other party’s attorney fees.

HELP IS IMPORTANT

Because correct and timely completion of the financial affidavit is critical to success, consider hiring a divorce attorney who is trained in these areas and can effectively use divorce mediation skills to reach a consensus. My office will work with you to complete your divorce-related disclosure forms correctly and submit them on time so you avoid any form-related court sanctions.

Contact me for more information.


ABOUT ERIN BIRT

Erin BirtIllinois attorney Erin Birt is a skilled legal professional with over ten years of experience in trial and divorce law serving clients in many DuPage County cities including Wheaton, Glen Ellyn, Naperville, Warrenville and Winfield.

She opened the Law Firm of Erin Birt, P.C. in 2010 to offer her clients alternative divorce resolution services, specialized collaborative divorce options and family law expertise. She and her expert team continually develop creative outcomes such as divorce mediation and family law mediation that work for all parties involved, particularly children.

Ms. Birt holds a J.D. from DePaul College of Law and is a member of the Collaborative Practice Professionals of Illinois, the Collaborative Law Institute of Illinois, the International Academy of Collaborative Professionals and the DuPage County Bar Association. She is a past board member and presenter for the Mediation Council of Illinois.