How to Calculate Illinois Alimony or Maintenance After the 2016 Law Change

How To Calculate Spousal Maintenance or Alimony in Illinois

Divorce Attorneys for Spousal Support and Maintenance in DuPage County

On January 1, 2016, the current spousal maintenance statute in Illinois went into effect. Some adjustments were also made to these laws in 2019. Spousal support is now calculated using two main factors: the net income of the spouses and the length of the marriage. Under the formula defined in the statute, maintenance is calculated by taking 33.3 percent of the net income of the spouse who earns more and subtracting 25 percent of the net income of the spouse who earns less. However, the amount of maintenance plus the net income of the party receiving maintenance cannot exceed 40% of the parties' combined net income.

Issues Affecting Spousal Support

• How long spousal maintenance is paid depends on the length of the marriage. The number of years of the marriage is multiplied by a percentage specified in the spousal maintenance statute. For example, if the couple was married for 7 years, then the number 7 is multiplied by 32 percent. This means that maintenance will be paid for 2.24 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 percent
• 5-6 year marriage: Number of years is multiplied by 24 percent
• 6-7 year marriage: Number of years is multiplied by 28 percent
• 7-8 year marriage: Number of years is multiplied by 32 percent
• 8-9 year marriage: Number of years is multiplied by 36 percent
• 9-10 year marriage: Number of years is multiplied by 40 percent
• 10-11 year marriage: Number of years is multiplied by 44 percent
• 11-12 year marriage: Number of years is multiplied by 48 percent
• 12-13 year marriage: Number of years is multiplied by 52 percent
• 13-14 year marriage: Number of years is multiplied by 56 percent
• 14-15 year marriage: Number of years is multiplied by 60 percent
• 15-16 year marriage: Number of years is multiplied by 64 percent
• 16-17 year marriage: Number of years is multiplied by 68 percent
• 17-18 year marriage: Number of years is multiplied by 72 percent
• 18-19 year marriage: Number of years is multiplied by 76 percent
• 19-20 year marriage: Number of years is multiplied by 80 percent
• 20 years or more of marriage: Maintenance will be paid for 100 of the length of the marriage, or it may be paid indefinitely

There are some situations in which the spousal support formula does not apply. For instance, if the divorcing couple's combined gross income is $500,000 or more, the support guidelines will not apply, and the amount and duration of support may be determined based on what a family court judge determines is appropriate based on the situation. In addition, if the spouse who earns more has a support obligation from a previous marriage or relationship, the amount of support they pay may be deducted from their income prior to calculating the amount of spousal support they will be required to pay. Finally, the court is granted the discretion to award more or less maintenance than what the support guidelines dictate, although a judge is required to specify the reasons for this deviation from the guidelines.

Contact Our DuPage County Spousal Maintenance Attorneys

Due to ongoing changes to family-related laws in Illinois, calculating child support and spousal support can be difficult and complex. At Mirabella, Kincaid, Frederick & Mirabella, LLC, we can help you determine exactly how much you may be required to pay or how much you may receive through spousal support. If you need to address issues related to spousal maintenance in your 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.

Is Money My Parents Gave Me During My Marriage Considered My Non-Marital Property?

Is Money My Parents Gave Me During My Marriage Considered My Non-Marital Property in Illinois?

DuPage County Divorce Lawyers Help Answer Marital or Non-Marital Property Questions

During your divorce, you and your spouse will need to make decisions about how to divide your marital assets. However, before doing so, you will need to determine whether different assets are considered marital property or non-marital property. While marital property must be divided between the two of you, non-marital property owned by either you or your spouse will not be divided. Different types of assets will be handled differently, and gifts you received during your marriage may or may not be considered marital assets.

If you have received funds from your parents over the course of your marriage, before the divorce process has started, determining whether this money will be considered marital or non-marital property can be tricky. In a nutshell, decisions in these matters may be based on whom the money was addressed to and the type of account in which the funds were deposited. Depending on those two factors, your parents' money could be considered non-marital, or your spouse may argue that it is marital property.

Resolving Disputes Related to Gifts

At Mirabella, Kincaid, Frederick & Mirabella, LLC, we can help you understand how Illinois law may affect the money you have received as gifts. If your parents gave you a check as a gift intended specifically for you, that check was made out to your name, and you deposited the amount into your own personal account, it is more than likely that the courts will rule that the money is, in fact, non-marital property. However, if you deposited that money into an account that is jointly owned with your spouse and used it to pay family-related expenses or purchase items used by your family, it can be perceived as a marital asset.

One issue that some couples have is when gifts are addressed to both spouses, such as anniversary gifts. With the money being intended for both spouses, it will usually be ruled as a marital asset that must be divided during the divorce process. Even if the money was from your parents, it would most likely be considered marital property, especially if it was deposited into a joint-owned bank account.

Determining whether money or assets may be classified as marital or non-marital property is not always easy, and in some cases, it may be necessary to work with outside professionals who can examine your family's finances and make sure property will be handled correctly. A forensic accountant may be able to trace the source of different assets to determine how they should be classified. Your attorney can help you negotiate a property settlement that will allow you to maintain ownership of your property and ensure that you will receive a fair and equitable share of the marital estate.

Contact Our DuPage County Asset Divison Lawyers

Dividing assets between spouses can cause conflicts, and this process can become messy. At Mirabella, Kincaid, Frederick & Mirabella, LLC, our dedicated and experienced lawyers can explain these details to you. Do not hesitate to contact us and set up an appointment so that we can get started on your case right away. Our phone number is 630-665-7300. We have served clients from the DuPage, Kendall, and Kane County areas for decades, and we look forward to hearing from you.

Can I Represent Myself in an Illinois Divorce?

Can I Represent Myself in My Illinois Divorce?

Wheaton Divorce Lawyers Discuss Securing Legal Representation in Family Law Cases

If you are considering divorce, or if you have been recently served with divorce papers, you may be asking yourself, "Can I represent myself in my divorce?" The answer to this question is yes. Regardless of the legal proceeding, you always have the right to represent yourself. However, the more important question is, "Should I represent myself in my divorce?"

Since the process of divorce is complex, both legally and emotionally, seeking legal representation for your divorce case can help you protect your rights and increase your chances of a favorable outcome. You may have your own set of ideas about how the division of your marital assets, the allocation of parental responsibilities and parenting time, and other aspects of your divorce should be handled. Unfortunately, what you believe is most fair may be contrary to what Illinois divorce laws state.

Dangers of a Do-It-Yourself Divorce

If you were handed a set of tools, a pile of materials, and blueprints and asked to build a home, would you be capable of producing the same quality house as a professional contractor? While you have the right to build yourself a home, doing so could be a dangerous endeavor with unpredictable results. The same is true regarding your divorce, especially since you only have one chance to get it right.

With countless resources available online that offer advice about divorcing without an attorney, the process may seem easy. Many such resources, however, are often not as reliable as they may seem. In addition, the circumstances of your divorce may be much more complex than you initially thought. A single mistake along the way is all it takes to potentially cost you thousands of dollars in lost property, spousal support, and other considerations. When you represent yourself in divorce, you may even risk compromising your rights regarding your children.

To avoid becoming confused or frustrated by how a judge may rule in your divorce case, and to prevent errors that could cost you thousands of dollars more than you would have paid otherwise, you should consult with a skilled, experienced divorce lawyer. If you elect to represent yourself initially and later retain an attorney, your lawyer may spend a significant amount of time attempting to undo mistakes that have already been made. Sometimes, mistakes made during self-representation cannot be fixed. Therefore, it is in your best interest to receive legal counsel at the very beginning stages of your divorce.

Contact Our Wheaton, Illinois Divorce Lawyers

The decisions made during your divorce will determine what happens with the things that are most important to you: your home, your retirement, your life savings, and your children. Rather than trying to tackle your divorce on your own, you should contact an experienced attorney at Mirabella, Kincaid, Frederick & Mirabella, LLC. We have been assisting clients from DuPage, Kane, and Kendall Counties for decades, and we look forward to helping you reach a favorable outcome to your situation. Call us at 630-665-7300 or contact us online today.

When Can a Child Support Order Be Modified?

When Can an Illinois Child Support Order Be Modified?

DuPage County Divorce Attorneys Assisting Parents with Child Support Modifications

After completing the divorce process or establishing child custody orders, circumstances in your life may change. The orders put in place by a family court judge may no longer be appropriate, and you may need to make changes that will reflect your current circumstances. These changes may address issues related to the allocation of parental responsibilities and parenting time, but they often are based on adjustments to income and expenses that may affect the financial support you pay or receive.

Situations may arise where you or your ex-spouse will need to modify the amount of child support paid by one party to the other. However, the modification process and the applicable child support laws and guidelines can be difficult to navigate. Fortunately, the attorneys at Mirabella, Kincaid, Frederick & Mirabella, LLC can help simplify the process. With our years of experience representing clients in family law cases, we can make sure you understand how Illinois law applies in your situation, explain what steps you need to take to modify child support, and advocate on your behalf during legal proceedings.

Modifying Child Support Orders

• If you would like to modify your child support agreement, you can file a motion with the court. You will need to show that there has been a substantial change in your state of affairs since the original child support order was established. Depending on your circumstances, the amount of child support required can increase or decrease. However, the court can only make this adjustment following the date the motion was filed. It is important to file a modification request as soon as you possible after experiencing any financial changes in your life. Any payments that were due prior to filing a modification request must be paid in full, and interest will apply to late payments. If a modification request is granted, the changes may be retroactive to the date the request was filed. Some reasons that changes to support payments may be made include: A change in your or your spouse's income;
• Substantial changes to any expenses, including your living expenses or costs related to raising your children;
• A relocation that may result in increased transportation costs;
• Adjustments to parenting time that will result in a child living primarily with a different parent; or
• A disability that will result in increased medical expenses or other costs for a child.

Our attorneys can help you gather and submit evidence showing that your financial circumstances have changed in a way that would make a child support modification appropriate. Whether you are seeking to reduce your child support payments because you have lost your job or experienced a decrease in income, or you believe that the child support you receive should be increased to address your children's changing needs, we can advocate for solutions that will protect your children's best interests while helping you avoid financial hardship.

Contact Our Wheaton Child Support Lawyers

Determining when child support modifications may be appropriate can often be confusing. That is where our team at Mirabella, Kincaid, Frederick & Mirabella, LLC can help. Contact us to set up a consultation. We can help you to be sure that your modification requests are in compliance with Illinois laws. We assist clients with child support matters and many other family law issues. Call us at 630-665-7300 today. We serve clients in DuPage, Kane, and Kendall Counties.