Family Law & Divorce
Child Related Issues
How To Calculate Spousal Maintenance or Alimony in Illinois
On January 1, 2016, the current spousal maintenance statute in Illinois went into effect. Spousal support is now calculated using two main factors: the gross income of the spouses and the length of the marriage. Under the formula, maintenance is calculated by taking 30 percent of the gross income of the spouse who earns more minus 20 percent of the gross income of the spouse who earns less. However, the amount of maintenance plus the gross income of the party receiving maintenance cannot exceed 40% of the parties’ combined gross income.
How long spousal maintenance is paid depends on the length of the marriage. The number of years of the marriage is calculated by the percentage put forth in the spousal maintenance statute. For example, if the couple was married for 7 years, then the number 7 is multiplied by 40%. This means that maintenance will be paid or 2.8 years. The statute outlines the percentages that coincide with the duration of the marriage as follows:
- 0-5 year marriage: Number of years of the marriage is multiplied by 20%
- 6-9 year marriage: Number of years is multiplied by 40%
- 10-14 year marriage: Number of years is multiplied by 60%
- 15-19 year marriage is multiplied by 80%
- 20 years or more of marriage is multiplied by 100% (this means that spousal maintenance will be paid until either spouse is deceased)
There are some situations in which the spousal support formula does not apply. For instance, if the divorcing couple's combined income is $250,000 or more, the new support guideline will not apply. In addition, if the spouse that earns more has a support obligation from a previous marriage or relationship, the formula would not apply to him or her. Finally, the court is granted the discretion to award more or less maintenance than what the support guideline dictates.
After a judge has completed the maintenance calculations outlined above, the judge will add the amount of annual maintenance to the gross income of the party receiving maintenance. When the maintenance is added to the spouse's income, the judge will ensure that the sum of the maintenance and spouse's income does not exceed 40% of the couple's combined income.
With the new family-related laws in Illinois, calculating child and spousal support can be difficult and complex. At Mirabella, Kincaid, Frederick & Mirabella, LLC, we can help you determine exactly how much you owe in spousal support payments. If you would like to challenge your spousal maintenance order or you are going through a divorce, schedule a consultation with our attorneys. Call us at 630-665-7300 or contact us online. We serve clients in Kane County and DuPage County.
How to Calculate Illinois Child Support After the July 2017 Law Change
On July 1, 2017 child support guidelines changed in Illinois. Now, child support will be calculated using an income shares formula which is used in forty other states. The model takes into account two main factors: each parent’s income and the amount of income that is usually spent on the number of children involved.
The new child support guidelines can significantly impact your child support obligation and payments. If your divorce case involves child support, or if you have any questions about how the new guidelines will affect the amount of support you pay or receive, contact the family law attorneys at Mirabella, Kincaid, Frederick & Mirabella, LLC. Our lawyers can help you determine the amount of child support you will be legally required to pay.
One factor included in the new child support formula is the parents' net monthly income. Parents can use a standardized tax amount formula or an individualized tax amount formula to determine their net monthly income. Once each parent’s net income is determined, the two incomes are combined. Using this combined income and the number of children the parents share, tables published by the state of Illinois will be used to determine the amount of income that would ordinarily be spent to care for the children. For example, if the parents' combined income is $10,000 and they share one child, that amount is $1,445 per month.
After the amount required to care for the children is established, the amount each parent should contribute in support is determined. This amount is determined based on the contributions each parent makes to the monthly net income. If the non-custodial parent makes $7,500 per month, and the monthly net income is $10,000 per month, that means the parent contributes 75 percent to the net income. The percentage of contribution the parent makes is multiplied by the amount of child support obligation:
75% x $1,445 = $1,083.75 per month
Therefore, the parent would be obligated to pay $1,083.75 per month in child support.
The amount of parenting time each parent has with a child also affects the calculation of child support. The calculation above is true if the non-custodial parent has the child for less than 146 nights per year. If each parent has the child for 146 or more nights per year, the standard formula may not apply, and other factors will be considered when determining the amount of child support.
It can be difficult to understand exactly how the new child support guidelines in Illinois will affect your support obligation and orders. To determine the amount of child support you will be required to pay, contact our Wheaton family law attorneys at MKFM. Call us at 630-665-7300 or contact us online. We serve clients in Naperville, Wheaton, Oak Brook, and throughout DuPage County.
How Can I Restrict My Ex-Spouse's New Significant Other from Being around My Children?
Sometimes, parents are not comfortable with their ex-spouses' significant others being around their children. It could be because the parents do not know their ex-spouses' partners very well or because they harbor ill feelings toward them. And on occasion, parents have strong reason to fear that their children will be physically or mentally hurt by their former partners' significant others.
If you believe your ex-spouse's significant other is a threat to your child's safety and well-being, you may be able to take legal action. If certain conditions are met, you may be able to legally prohibit your ex-spouse's partner from being around your child during your ex-spouse's parenting time (formerly known as visitation).
In order to restrict your ex-spouse's significant other from being around your children during his or her parenting time, the court must find that the ex-spouse's new partner's presence poses a serious endangerment to the child's overall well-being, including his or her health and safety.
Certain procedures must be followed to make changes to parenting time orders. The parent requesting the change needs to show proof of a change in the circumstances the child is exposed to. The court will consider modifying a parenting time order if the health and safety of the child is at risk.
At Mirabella, Kincaid, Frederick & Mirabella, LLC, we understand the importance of your child's safety. We have over 200 years of combined family law experience assisting clients in DuPage, Kane, and Kendall counties. Contact a skilled and compassionate family law attorney at 630-665-7300 today to receive the help that you need to take action for your child's health and well-being.
My Ex-Spouse's Parent Recently Passed Away. Am I Entitled to Any Inheritance Money?
When going through a divorce, dividing marital assets can be a very difficult and stressful process. Division of assets can become especially complicated if an ex-spouse's parent passes away and leaves behind inheritance money. There are many factors that need to be considered when deciding if and how the inherited money will be divided between both spouses.
If the inherited money is kept in the ex-spouse's name, and the money is not commingled with other marital funds, the inherited money will belong to the ex-spouse because it is considered non-marital property. If the inherited money is put in a joint account, or the money is commingled with other marital funds, the non-heir spouse may be eligible to receive a portion of the inherited money.
Property distribution in an Illinois divorce is often complicated. Determining who receives portions of inheritance money can be an emotional process for both parties. With all of these factors to consider, it is important to consult an experienced DuPage County divorce attorney at Mirabella, Kincaid, Frederick & Mirabella, LLC. For over 50 years we have handled numerous family law and divorce cases in DuPage, Kane, and Kendall counties. In order to get the answers you need about your divorce and asset division, please contact our experienced divorce attorneys at 630-665-7300.
What If My Child Refuses to go to Parenting Time (Formerly Known as Visitation)?
After a divorce, courts encourage both parents to be actively involved in their child's life and to help the child achieve his or her life goals. Sometimes, however, children refuse to visit one parent for several reasons. Understanding how to respond to your child's objections to parenting time is essential so you can avoid potentially being held liable for not respecting the other parent's parenting time and the court's order.
Previously known as visitation, parenting time is defined as the time spent by a parent with the child. During a parent's parenting time, he or she is endowed with non-significant decision-making responsibilities. This means that the parent is responsible for the child's health and well-being during this time. As long as the parent has the child during parenting time, he or she needs to ensure that the child is taken care of and that the child is safe.
A child cannot decide to miss school or a doctor's appointment without the parent's approval. Parenting time works the same way. A child cannot determine how parenting time should be exercised. A parent needs to facilitate and encourage parenting time between the child and the other parent according to the parenting plan. If the child objects to parenting time, the parent must try to find the cause of the objection, so he or she can address the situation through counseling or other professional services. If the parent fails to have their child exercise parenting time, the parent may be held in contempt of the court ordered parenting time agreement.
At Mirabella, Kincaid, Frederick & Mirabella, LLC, we have extensive family law experience assisting clients in DuPage, Kane, and Kendall counties. To receive the representation you deserve, contact one of our highly skilled DuPage County family law attorneys at 630-665-7300 for a personalized consultation today.