What Judges Consider Before Awarding Child Support or Alimony in an Illinois Divorce

 Posted on May 13, 2019 in Divorce

Child support and alimony are often awarded to one of the spouses in a divorce, but not in every case. How do you determine if you may be eligible for these types of post-divorce support, and what can you do to ensure you receive the most amount possible? The following explains.

Alimony Considerations in an Illinois Divorce

Before a judge will award you alimony, you must be determined eligible, which generally requires that you be “disadvantaged” in some way. Examples of situations that may deem you “disadvantaged” in a divorce include:

• A physical, mental, or emotional condition that prevents you from working;
• A lack of education, skills, or recent work experience you need to obtain gainful employment;
• Serving as a caregiver during your marriage (either to your children or your spouse); or
• Supporting your spouse while they further their career or education (especially if it impacted you financially).

If you are deemed eligible, a formula will be applied to your situation to determine your alimony entitlement and time-frame. The longer you were married, and the greater your spouse’s income, the greater your entitlement is likely to be in an Illinois divorce.

Child Support Considerations in an Illinois Divorce

Unlike with spousal support, there is no eligibility determining for child support. Instead, both parents are considered financially responsible for the minor or disabled child. Even still, not all divorce cases involve an award for child support. Parents who have near equal incomes and near equal time with the child may not have any support deficits, one way or the other (meaning both parents are providing equal support and are equally capable of providing it, individually).

When deficits do exist - if one parent has more time with the children, is incapable of providing full support to the child on their own, or if one parent makes significantly more money than the other - an order for child support may be established. This type of support is also calculated using a standard formula, but deviations from it can be made in certain situations.

Contact Our Wheaton Family Law Lawyers

If you are planning on asking for alimony, child support, or both in your Illinois divorce, the seasoned legal team at Davi Law Group, LLC can increase your chances of a favorable outcome. Dedicated and experienced, our DuPage County alimony and child support lawyers will also fight for the best settlement possible. Call 630-657-5052 to schedule a consultation.

Source:

http://www.ilga.gov/legislation/ilcs/ilcs4.asp?ActID=2086&ChapterID=59&SeqStart=6000000&SeqEnd=8300000