A person should first make sure that the requests are made, that the party who is seeking enforcement has made those requests, and that they don’t just think that their spouse remembers all of the terms in an order or a judgment and expects them to remember that they’re supposed to pay certain requirements. A […]
Alimony and Spousal Support
What is the first step someone should take if their spouse violated a child or spousal support order?
How is maintenance paid from one spouse to the other?
It can be as simple as a monthly cheque to the other spouse. It could be an automatic direct transfer, a wire transfer from one bank account to another. It could be a withholding where the spouse who’s paying maintenance will direct his or her employer to pay it directly to the other spouse, or […]
If spouses earn a combined income of $250,000, how much can a spouse receive in maintenance?
Right now our guideline is limited at $250,000. There’s been some chatter about the legislature increasing that to $500,000, but at this point it’s $250,000. If the combined is above that, then the Illinois guidelines do not apply and the courts may use their discretion to make an award. There have been some judges who […]
How much can someone receive in maintenance?
The calculation is based upon our statute if they fall within the guideline requirement. Under our current guideline, if the combined gross income of the parties is less than $250,000, then the calculation is based upon 30% of the payor’s gross income, less 20% of the payee’s gross income. For example, if the payor is […]
Can you receive maintenance during the case?
Yes, and that is what we call “temporary maintenance.” For example, if a case begins and the party who is working stops depositing income into a joint bank account, then the party who is seeking maintenance may not have access to the income. He or she would go into court and ask the judge to […]
How does the judge determine whether someone receives maintenance?
If an attorney is representing someone who is seeking maintenance, they would want to focus on certain factors. The attorney will focus on the fact that their client spent years and years helping the payor spouse become a very successful business person or a very well-known surgeon. They will try to focus in on the […]
What is the difference between maintenance and child support, or are they somehow connected?
Maintenance is support for a spouse. They can use that for daily living expenses, but it is taxed to the spouse who’s receiving it and it’s a tax deduction for the spouse who is paying it – that is one of the biggest differences. Child support, on the other hand, are funds paid to the […]
WATCH: What are the main factors that spousal maintenance is based on in Illinois?
Chuck Roberts is family lawyer at Momkus McCluskey Roberts, LLC, one of the largest law firms in DuPage County, Illinois.
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