The attorneys at The Law Office of J. Patrick Nelson, PC has extensive experience with handling cases involving spousal maintenance. Whether maintenance is granted or denied will depend on the specific facts of each case. Our attorneys understand the complexity of maintenance, formerly known as alimony, and help clients negotiate and determine the best possible outcome. Contact us to schedule an initial consultation to discuss your situation.
One of the most important issues in a divorce is whether or not Maintenance a allowed. If you are entitled to maintenance we will make sure you receive it. You should receive what you are entitled to under the statute. At The Law Office of J. Patrick Nelson, PC, we utilize all the latest tools and employ the most update strategies to ensure you receive everything you are owed.
Maintenance, formerly known as alimony, may be ordered pursuant to the 12 statutory factors enumerated in Section 5/504 of the Illinois Marriage and Dissolution of Marriage Act. The statutory factors are as follows:
Effective January 1, 2015, a new law amended section 504 of the IMDMA and drastically changed how maintenance is determined. The new law, P.A. 98-0961, has undergone several changes and creates a formula for calculating maintenance for couples whose combine gross income is less than $500,000. The formula is similar to the statutory guidelines used for determining child support. The court must first determine if an award of maintenance is appropriate, after consideration of all relevant factors, including the statutory factors listed above.
Effective January 1, 2019, the guidelines were amended to address the changes to the Internal Revenue Code which made maintenance payments no longer deductible by the payor. http://P.A.100-0520. Guidelines are now calculated pursuant to Section 504(b-1)(A) of the Illinois Marriage and Dissolution Act if the order is entered on or after January 1, 2019. The biggest change is that maintenance is calculated based on the parties' net income whereas prior to January 2019, maintenance was calculated based on gross income. This takes into account that new maintenance payments are no longer deductible by the payor and taxable to the payee.
If the court determines that a maintenance award is appropriate, the court shall order maintenance in accordance with the following guidelines:
Note that maintenance must be calculated prior to calculating child support because the child support calculation of net income includes whether maintenance is paid or payable. Also, if the statutory maintenance guidelines plus statutory child support guidelines exceeds 50% of the payor's net income, the court has discretion to deviate from guidelines.
The divorce attorneys of The Law Office of J. Patrick Nelson, PC offer decades of experience advocating for clients with regard to spousal maintenance awards. Based in Wheaton, we work with clients in DuPage County, Kane County, Will County, and throughout Chicago's western suburbs. Contact us for a complimentary initial consultation — call 630-480-4280, email firstname.lastname@example.org, or complete our online information form.
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