The duration of maintenance is based upon guideline factors. Prior to 2015 there wasn’t a statutory guideline and the judge just could make a determination and use their discretion. But now there is a guideline. For instance, in Illinois, if parties have been married five years or less, they get 20% of the time they’re […]
Alimony and Spousal Support
Do only wives get maintenance, or are husbands eligible as well?
No, it can be husbands, it is not gender biased. It could be a husband from another husband, it could be a wife from another wife, it can be a wife to a husband, a husband to a wife. It is based upon the income and the assets of the parties who are seeking maintenance […]
I have filed for bankruptcy. Will I have to continue paying child and spousal support?
If one spouse earns less than the other, do they get maintenance automatically?
Not necessarily. If one spouse earns $150,000 and the other spouse earns $120,000, the spouse earning $120,000 would not necessarily get maintenance from the spouse who earns the higher amount. In our statute, the guidelines set forth that if after making the guideline calculation the spouse who’s seeking maintenance would receive more than 40% of […]
Who is entitled to spousal support in Ohio and what are the criteria for awarding it?
What do you do if you suspect the payor of support is not declaring income?
Chuck Roberts is family lawyer at Momkus McCluskey Roberts, LLC, one of the largest law firms in DuPage County, Illinois.
Who gets maintenance?
The spouse who gets maintenance is the spouse who is unable to support themselves. This could be either after the dissolution proceedings or during, as it would be called “temporary maintenance.” If a spouse is not able to support themselves through their own income or through assets at their disposal, a court may order that […]
What is maintenance?
Maintenance is the legal term in Illinois for what used to be called “alimony” or “spousal support.” It’s a sum of money that one spouse will potentially pay to the other to assist them in supporting their day-to-day living expenses. Candace Meyers is a family lawyer at Boyle Feinberg, P.C. in Illinois. To learn more […]
Can an attorney help to establish true income before setting child and spousal support?
Excerpt: If one spouse has cash based on business and the other believes that not all income is being reported on the tax returns, can an attorney help them establish true income before setting child and spousal support? An attorney can absolutely help them identify what the income is for purposes of child support and […]
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