Child Support and Spousal Maintenance
Illinois Child Support and Spousal Maintenance Lawyers in Palatine
One of the toughest aspects of divorce is the need to support two households on the same income that previously supported one. Child support is designed to ensure that minor children receive support from each parent to fulfill needs such as food, clothing, housing, education, and medical care. Spousal maintenance can be employed to provide fairly for each spouse according to the specific circumstances of the marriage.
If you’re considering divorce, you’re probably concerned about your financial future. Getting reliable information about what you can expect in terms of child support and spousal maintenance can set your mind at ease and allow you to plan effectively for the future.
Under Illinois law, child support provides for a child under the age of 18, or a child under the age of 19 who is still in high school. The statute provides specific guidelines for establishing the minimum amount of child support payable as follows:
1 child – 20% of the supporting party’s net income
2 children – 28% of the supporting party’s net income
3 children – 32% of the supporting party’s net income
4 children – 40% of the supporting party’s net income
5 children – 45% of the supporting party’s net income
6 or more children – 50% of the supporting party’s net income
For purposes of child support calculation, net income means income remaining after the payment of taxes, mandatory retirement contributions, union dues, prior support or maintenance obligations, and court-ordered maintenance paid to the recipient of the child support.
The court may deviate from these guidelines for a variety of reasons, or may order additional contribution to cover health needs, child care, education, or certain other expenses.
To learn more about what you can expect to pay or receive in child support and the additional factors that may affect the child support order, contact us. Whether you’re considering divorce or seeking to establish paternity and child support, you can rely on our knowledge and experience.
Spousal maintenance, commonly referred to as alimony, may be awarded when the court deems it just, regardless of misconduct on the part of either spouse. State law sets forth specific factors the court must consider, including:
- The income and property of each party;
- The needs of each party;
- The earning capacity of each party;
- Lost earning capacity due to domestic responsibilities or opportunities foregone due to the marriage;
- Impairment of earning capacity of the party who would be paying maintenance;
- The time required for the party seeking maintenance to acquire the skills and/or employment necessary to be self-supporting;
- The standard of living established during the marriage;
- The length of the marriage;
- Any valid agreement between the parties; and
- Any other factor the court deems just and equitable.
The law also provides specific formulas for calculating both the amount of spousal maintenance and the duration of the payments, based on the income of both parties and the length of the marriage. However, as in the child support determination, the court may deviate from the formula after considering the listed factors.
Contemplating your financial future when you’re divorcing or preparing to share responsibility for a child can be overwhelming. We’re here to make sure you have thorough, reliable information about the factors the court will consider and what you can expect as your case proceeds. We’ll fight to secure your financial future.
Contact the attorneys at Callahan & Hockemeyer, P.C. for help with child support and spousal maintenance issues.