Tag Archives: illinois spousal maintenance

Dupage county alimony spousal supportTraditionally, it was assumed that the man works to support his family financially while the woman, though she may have had a career before she was married, would quit her job to stay home and take care of the children and the home. Because of that, many women would be in a state of financial distress if they got divorced because they did not have any income of their own - which is where alimony came in.

In Illinois, alimony is called spousal support or spousal maintenance. These days, it is no unusual to see the man acting as the stay-at-home parent, or neither parent being a stay-at-home parent. Spousal maintenance is an important part of any divorce in which one spouse decided to sacrifice career for his or her family.

Determining Eligibility

Maintenance is not guaranteed to all divorcing couples. In some cases, the court will decide that maintenance is not appropriate or not needed. When making this determination, Illinois courts look factors such as the needs of each spouse, whether a spouse quit their career to tend to children or the home and the earning potential of each spouse.

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Illinois divorce lawyer, Ilinois alimony attorneyDivorce is not an easy task, nor is it inexpensive. Sometimes the financial burden is so daunting that many choose to stay in an unfavorable situation. Economic struggle is unnecessary, as there are options that may be available to you, given your circumstances. One such option is alimony. Also known as spousal support or spousal maintenance, this is a payment made to you by your ex-spouse during a separation or after a divorce. Not everyone qualifies in every situation, but it is useful for those who would otherwise be financially burdened by a divorce.

What Is Alimony?

The ideal goal of divorce is to have two individuals arrive at the same standard of living once the divorce is complete. One issue is, for some reason or another, both spouses do not always make the same amount of money. Perhaps one was the homemaker while the other worked in an office. Maybe there was a difference in salaries, and one partner became the primary breadwinner. If your economic situation is vastly different from your spouse, alimony may be an option. A court order made by a family court judge may require that the higher-earning spouse makes regular payments to the other spouse for a temporary or permanent amount of time.

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spousal support, maintenance, Illinois divorce lawyer, Hinsdale family law attorney, On August 15, Governor Quinn signed into law new alimony rules that will drastically change how support is determined in divorce cases in Illinois. The new rules will become effective on January 1, 2015 and all divorce cases filed after that date will be subject to the new laws.

Current Alimony Determination

Under the current alimony rules, the judge overseeing the pending divorce must first make a determination of whether one spouse is entitled to alimony using a set of factors found in section 504(a) of the Illinois Marriage and Dissolution of Marriage Act. These factors include:

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 illinois spousal maintenance, Martoccio & Martoccio, spousal maintenance, Spousal Support, standard of living, DuPage County divorce lawyer, rehabilitative maintenance, temporary maintenance, permanent maintenanceWhen getting a divorce, a common concern for a spouse is that he or she may not be able to support themselves or maintain the same standard of living they had during marriage. In Illinois, under the Illinois Marriage and Dissolution of Marriage Act, when a marital couple divorces, either spouse may request maintenance, (also known as “spousal support” or “alimony”).

Maintenance is distinct from child support. A court may order that maintenance be provided to a spouse when it is determined that they need the financial assistance or support. The amount or type of maintenance that a court may order usually depends on the length of the marriage, and the ability (or lack thereof) of a spouse to maintain the same standard of living as during the marriage.

The following are various types of maintenance:

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illinois spousal maintenance lawyer"I will soon be in Illinois divorce court and be ordered to pay maintenance (alimony) to my wife both during the divorce and quite possibly after the divorce. I would like to avoid the embarrassment of having everyone in my company know that there is a withholding order in place requiring my employer to withhold money from my salary to pay my wife maintenance (alimony). It makes me look like a deadbeat when I have never missed a payment to her. Instead, I would like to make the payments directly to my wife. Is this possible?" Under the Illinois Income Withholding for Support Act [750 ILCS 28/20 (a)(1)], you can make the direct payments but only if you and your ex wife (or soon to be ex wife) agree in writing to direct maintenance payments to her. You both must sign the written agreement as well. The Illinois Income Withholding for Support Act applies to alimony or maintenance payments whether temporary maintenance or permanent maintenance. Even then, the order requiring you to pay maintenance must provide that an income withholding notice is to be prepared and served upon your employer if you become delinquent in paying maintenance. (c) "Delinquency" means any payment, including a payment of interest, under an order for support (maintenance) which becomes due and remains unpaid after entry of the order for support. 750 ILCS 28/15(c). In other words, if you make an agreement to pay directly in writing and both of you sign it, if you miss a maintenance payment or make a late payment, the written agreement is off and your employer will withhold maintenance from your pay for all future maintenance payments. Contact an Illinois maintenance attorney at the law office of Martoccio & Martoccio. Call 630-920-8855 for a free initial consultation.

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