Alimony Elgin IL – Law Offices of Anthony R. Scifo – 847-628-8311 – Call for a Free Consultation
As you start the process of going through divorce, it’s helpful to gain an understanding of the basics of alimony. Below we present some fundamental information about this sometimes misunderstood topic.
Alimony Elgin IL is also known as spousal support or spousal maintenance. It is basically a payment one spouse provides to the other either during or following a divorce. Typically, alimony is appropriate in divorce cases where there’s a significant discrepancy between the spouses’ incomes. The court’s objective in granting alimony is to place each party in a relatively equal financial position after they divorce.
In the state of Illinois, the law allows for a spouse to seek temporary alimony during a divorce proceeding. Alimony on a temporary basis is meant to help the supported spouse in sustaining their financial status during their divorce. Before awarding support, the court assesses each party’s income
and if the paying spouse shall pay for child support. Additionally, whether the recipient party needs financial support. Usually, the award for temporary spousal support stops at the conclusion of the divorce process.
Final spousal support orders might include what’s known as rehabilitative maintenance. This is when the judge orders support for a certain length of time. Alternatively, the judge might order payment of spousal support indefinitely with periodic reviews. This type of Alimony Elgin IL provides the recipient spouse with the benefit of financial support while seeking employment. The idea is for that spouse to have an incentive to gain financial independence following the divorce. The judge expects the spouse receiving alimony should make reasonable efforts to gain employment and become self-supporting.
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In some situations, the court shall order that one of the spouses must provide support to the other permanently. Generally, this only occurs in the event that one of the spouses is unable to support themselves following the divorce. Possible reasons for this could include, for instance, illness or age.
Qualifying for Alimony Elgin IL – Law Offices of Anthony R. Scifo – 847-628-8311
Either party in a divorce case can seek financial support payments from the other spouse. The court only grants the request if the petitioning spouse shows a need for support during or following the divorce.
In cases where both parties are self-supporting, the judge might deny a request for spousal support. This can occur even if there’s a significant difference in income. The court’s objective in awarding spousal support is for both spouses to maintain a standard of living following their divorce. Courts sometimes address a significant differences in income by distributing marital properties to the lesser-earning spouse. For example, through distribution of bank or mutual fund accounts or other assets.
Factors the Court Considers When Determining Alimony Elgin IL
Before deciding whether to grant alimony in a divorce, the judge must determine if it’s appropriate by evaluating factors including:
- -The property and income of both spouses.
- -Realistic current and potential earning capacities of both spouses.
- -Any factors that may affect the earning abilities of the spouse seeking alimony because of decision made in the marriage. For example, when a parent leaves the workforce to care for children. It can be more difficult for that parent to gain financially stability divorcing.
- -The standard of living during the marriage and the duration of the marriage.
- -The length of time the requesting spouse needs for education and training to gain employment and financial independence.
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- -The age, physical and emotional health of each spouse.
- -The current income of each spouse.
- -What the tax consequences of dividing marital properties shall be in a divorce.
- -Whether or not one party made contributions to the other’s education during their marriage.
- -If there is an agreement for spousal support between the spouses and if the court should consider it.
Besides these factors, the court might apply a basic formula as a beginning point in setting the final alimony award.
Similar to other states, Illinois usually requires monthly payments when it comes to alimony. The court typically issues what’s known as an income withholding order to employer of the paying spouse.
The employer must comply with the order to deduct payments from the paying spouse’s paycheck. Then, the payments go directly to the spouse receiving the alimony.
In some divorce cases, paying spouses chose to make one lump-sum alimony payment rather than years of monthly payments. Ex-spouses often aren’t in a position to pay large sums of money for spousal support. However, for those who can, it eliminates the hassle of court-ordered monthly alimony payments. Certain divorce cases also allow the paying spouse to provide personal properties in exchange for removing spousal support.
If you’re receiving alimony and your ex fails to make the payments, you may file a motion for enforcement. Failure to follow a court order brings major consequences. The court can order the following if a paying spouse is in violation:
-Require the ex-spouse to pay fines.
-Garnish the ex-spouse’s wages or banking accounts.
-Extend the duration of alimony support payments.
-Add interest on to the total alimony award.
-Intercept the ex-spouse’s tax refunds or even consider severe consequences such as jail time.
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Can Alimony Terms Change?
Courts in the state of Illinois understand that it is possible for circumstances change after the awarding of alimony. It is possible to ask the court to make modifications to the alimony amount or schedule. It would require demonstration that one or more relevant grounds to do so exist.
-Automatic termination. There are three proper grounds that permit the automatic termination of alimony including:
-Cohabitation. This means the spouse receiving alimony is living with another individual in a conjugal relationship.
-Remarriage. In the event a spouse receiving alimony decides to remarry, the court may terminate the alimony order.
-The death of either of the spouses.
In some divorces, the court alters or stops alimony if the petitioning spouse demonstrates a significant change in financial circumstances.
To show a change in financial circumstances, the requesting spouse can bring in evidence of the following:
-That there has been a change in either party’s employment status.
-Insufficient effort from the recipient party to become self-sufficient.
-A disability, health issue or other valid reason is preventing the recipient spouse from gaining financial independence.
-The tax implications of the alimony payments on the economic situation of the parties.
-The time duration of the payments previously made and still to be paid relative to the duration of the marriage.
-The properties split up in the divorce.
-A decrease or increase in either ex-spouse’s income.
-The property that either party acquires after the divorce concludes and other factors the court deems as equitable.
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If you are considering a divorce and want answers to your questions about Alimony Elgin, IL call our law firm at 847-628-8311. A divorce is among the most difficult decisions one makes in life and the consequences can be significant. The counsel of an experienced lawyer is essential for protecting your rights and your best interests.