As a successful Skokie alimony attorney, I have represented many people going through the harsh dynamics of spousal support in divorce cases in Illinois. Alimony, more properly termed maintenance in Illinois, is support money one ex-spouse is compelled to pay to the other following divorce. That specific portion of divorce law is vital due to the fact that your future financial security and lifestyle stand entirely upon it. How Illinois views alimony disputes will make everything clear and help you be prepared for what may be in store.
Under the law of Illinois, specifically the Illinois Marriage and Dissolution of Marriage Act, 750 ILCS 5/504, among the factors to be considered in determining whether maintenance should be awarded are
The law also considers the lifestyle the couple established during the marriage, the length of the marriage, the ages and physical and emotional conditions of the parties, and the tax consequences of the property division in relation to the parties’ respective economic circumstances. It provides that the level and term of support are to be based upon the length of the marriage and the parties’ incomes.
Negotiation and Mediation – In many cases, the most favorable outcome of alimony disputes is achieved without stepping into a courtroom. Negotiation or mediation permits the parties to reach a decision acceptable to them, focusing on the peculiarities of their case without the delays, expense, and uncertainty of a court trial.
Modification of Maintenance – Illinois law allows for the modification of maintenance orders if circumstances change substantially subsequent to the date of the divorce decree. Events that may trigger modification include a substantial change in the income of either party or where the recipient spouse begins cohabiting on a conjugal basis with another person.
Enforcement – Where an ex-spouse defaults in paying court-ordered maintenance, such an order can be enforced by approaching the courts, and if necessary, by garnishment of wages and/or other legal remedies.
You can immediately approach the court with a petition for enforcement in Illinois courts. The court can use different measures to enforce the payments, whichever is necessary, such as wage garnishment or even holding that person in contempt of court, which might result in fines or jail time.
The amount of alimony is determined mainly by each spouse’s income and needs. However, the Illinois Marriage and Dissolution of Marriage Act provides specific guidelines that consider the length of the marriage and the standard of living during the marriage in calculating the amount and duration of support.
If you are getting divorced in Illinois and arguing over spousal support, strong legal counsel is crucial for your interests. In Gordon & Perlut, LLC, you will find dedicated family law lawyers who will take the time to lead you through the complex issues of spousal maintenance if you seek support or believe an alimony request should be contested. Contact our Chicago and Skokie alimony dispute attorneys at Gordon & Perlut, LLC by calling either our Chicago office at 312-360-0250 or our Skokie office at 847-329-0101 to arrange a consultation. We can lead you through a reasonable solution that will safeguard your financial future and recognize the sacrifices you have already made during your marriage.