Illinois Child Support and Alimony Attorney

Divorce Lawyers Representing Clients in Financial Support Disputes

Following divorce, both spouses should be able to enjoy a standard of living similar to what they experienced during their marriage. Children should also be able to maintain the standard of living to which they are used to, whether they will reside primarily with one parent or split time between both parents. In order to ensure that all parties involved are able to continue living at the standards they are accustomed to, it may be necessary for one spouse to provide the other with financial support.

Spousal Maintenance (Alimony)

When one spouse earns significantly more than the other, the lower-earning spouse may struggle to maintain the standard of living that they previously enjoyed following divorce. In these cases, it may be appropriate for the court to award maintenance (also known as spousal support or alimony).

In Illinois, courts have some discretion when deciding whether maintenance is appropriate, and judges will consider a variety of factors, including the incomes, earning ability, age, physical and emotional condition, and needs of both spouses, as well as whether one spouse made sacrifices to their own career or earning ability in order to focus on raising children or otherwise providing support to their spouse.

If a judge does decide to award maintenance to one spouse, the law provides statutory guidelines for calculating the amount and duration of maintenance payments. The amount of maintenance will be 30% of the paying spouse's gross income minus 20% of the receiving spouse's gross income. The total of the receiving spouse's income and the maintenance they receive cannot exceed 40% of the spouses' combined income. The duration of the maintenance payments will be determined using a specific percentage based on the actual length of the marriage.

Child Support

Typically, the spouse who has the majority of parental responsibilities will receive child support payments from the other spouse. In the past, the amount of child support was calculated using a set percentage of the paying parent's income. However, the Illinois Marriage and Dissolution of Marriage Act has been significantly revised, and as of July 1, 2017, courts will now determine child support based on both parents' income.

To calculate the amount of child support payments, courts will use tables provided by the Illinois Department of Healthcare and Family Services to determine a Basic Support Obligation based on the parents' combined net income and the number of children being supported. This obligation will be divided between the parents according to the percentage that each parent contributes toward the combined income. In cases when children stay overnight with each parent for 146 days or more per year, additional calculations will be required to further divide the support obligation between parents based on each parent's actual amount of parenting time.

Contact an Illinois Divorce Lawyer

During divorce, the decisions made about the amounts and duration of child support and spousal maintenance will have a major effect on your finances for years to come. In these cases, you need a skilled legal representative on your side to protect your rights and aggressively advocate for your interests in court. Whether you are looking to ensure that you will receive the financial support you need or you want to avoid being saddled with an unfair financial burden, the experienced divorce lawyers at Komie and Associates can provide you with the legal help you need to achieve the best possible outcome. Contact our Chicago divorce attorneys today at 312-263-2800 to schedule a free consultation. We serve clients in Chicago, Peoria, Springfield, Bloomington, La Salle, Rock Island, and throughout Illinois.