Put Experienced Maintenance/Alimony Lawyers On Your Side
Maintenance (also known as spousal support and formally known as alimony) can be awarded under certain circumstances. There is a formula for maintenance that applies to most middle-class families: 30% of the paying party’s income, minus 20% of the receiving party’s income, so long as this isn’t more than 40% of the combined incomes. There is also a guideline for how many years you pay. But if the guideline is unfair, whether because as the spouse needing maintenance, the guideline is inadequate, or because as the paying party, the guideline is excessive and unreasonable given your individual circumstances, you need an experienced maintenance attorney at your side.
Cooperation makes many aspects of the divorce process more efficient and less costly, but working with a lawyer who is willing and able to assert your position is critical to your success.
As maintenance/alimony attorneys, we have more than 35 combined years of experience advocating for the best interests of clients, and we work every day through a wide variety of issues in divorce cases with offices in Bannockburn, Illinois.
Contact us online today or at 847-908-3955 to schedule a free consultation.
Maintenance/Spousal Support Attorneys Advocating For Your Standard Of Living
Especially with a guideline, calculating spousal maintenance is a significant issue, and its accuracy is critical to maintaining your quality of life whether you are seeking an award of maintenance or being asked to pay maintenance.
We will work to fully understand your objectives and protect your advantage to the fullest extent possible. Sacrifices may be necessary from both spouses, but you should not have to lose your shirt or struggle disproportionately compared to your spouse.
Frequently Asked Questions About Spousal Maintenance (Alimony) In Illinois
Spousal maintenance or support – also known as alimony – can become a contentious issue in many divorces. Here are some answers to common concerns from our clients:
What factors do Illinois courts consider when determining spousal maintenance?
Even with the spousal support guidelines used in Illinois, the courts will consider the fairness of each situation. The duration of the marriage is a big factor, as are each party’s income, assets and debts. The court may also consider each spouse’s earning capacity, as well as situations where one spouse is voluntarily unemployed or underemployed. The court will generally also consider how child custody may affect a parent’s ability to work and the standard of living established during the marriage.
How is the duration of spousal maintenance decided in Illinois?
The shorter the marriage, the shorter the duration of spousal support – and vice-versa. Illinois Statutes (750 ILCS 5/504) contain guidelines that are tied to the length of the marriage. In general, if you were married for five years or less, you can expect spousal maintenance to last one year. If you were married 20 years or longer, you can generally expect spousal maintenance to last the same length as the marriage, if not indefinitely.
What should I do if my financial circumstances change after a maintenance order is in place?
Spousal maintenance is generally predicated on the need of the dependent spouse and the ability of the other spouse to pay. If either party’s financial situations dramatically change, you can file a motion to modify the maintenance order with the court. It is essential to consult an experienced attorney if you want to seek a modification of support, whether you are paying or receiving.
What happens if my ex-spouse refuses to pay the maintenance that was ordered?
An attorney can help you file a motion to hold your ex-spouse in contempt of court, which could result in enforcement actions that include wage garnishment, property liens, license suspensions and even jail time to compel compliance.
Contact Douglas Law, A Professional Corporation
Contact us online today for a free consultation to discuss whether spousal maintenance is appropriate for your particular circumstances and how our legal services can best apply to your case. Call us at 847-908-3955.