Can a parent in Illinois seek a temporary child support order?
While most of the time a mother in Illinois knows who the father of her child is, even if they are no longer in a relationship with one another, other times the matter can be a bit muddled. The alleged father may dispute that the child is his, necessitating a court hearing. However, during that time the child must be cared for by either the mother or the purported father. When this happens, it may be a possibility for the parent caring for the child to obtain a temporary order for child support.
Under Illinois law, a parent can move the court for a temporary order for support if there is clear and convincing evidence as to who the child’s parents are. The parent being ordered to pay support may be the child’s presumed parent, a parent petitioning the court to have parentage adjudicated, identified as the child’s biological father via genetic testing, a man alleged to be the child’s father who has refused to undergo genetic testing, a person who, through clear and convincing evidence, has been shown to be the child’s father, the child’s mother or any other person the court deems to be the parent of the child.
Any temporary order issued be the court may also include language providing each parent with parenting time and outlining each parent’s responsibilities. However, any temporary order for child support will not be allowed to sway the court with regards to a final order for child support, the final determination of each parent’s responsibilities towards the child or any final orders for parenting time.
When a parent is caring for a child, and the child’s parentage is at issue, an order for temporary child support can be the lifeline needed to make ends meet. Parents in Illinois seeking a temporary order for support, or who are being told they must temporarily pay child support, may want to work with a family law attorney who can examine the facts of their client’s case and provide the client with legal advice.