Spousal and Child Support
Spousal Support
In a dissolution proceeding, the court has the power to order the payment of just and reasonable spousal support (formerly known as alimony). Whether or not to award spousal support, how much, and for how long, are decisions based upon the circumstances of the parties, principally their respective needs and abilities to pay. Spousal support can be awarded on a temporary basis (i.e., prior to entry of a
judgment of dissolution , on a permanent basis , or both.. Marital misconduct is not to be considered in awarding maintenance. Maintenance may be paid from the income or property of the other spouse.
Among the major considerations in deciding issues of spousal support are:
1. The income and property of each party, including marital property
apportioned and non-marital property assigned to the party seeking
maintenance;
2. The needs of each party;
3. The present and future earning capacity of each party;
4. Any impairment of the present and future earning capacity of the party
seeking maintenance due to that party devoting time to domestic duties or
having foregone or delayed education, training, employment, or career
opportunities due to the marriage;
5. The time necessary to enable the party seeking maintenance to acquire
appropriate education, training, and employment, and whether that party is
able to support himself or herself through appropriate employment or is the
custodian of a child making it appropriate that the custodian not seek
employment;
6. The standard of living established during the marriage;
7. The duration of the marriage;
8. The age and the physical and emotional condition of both parties;
9. The tax consequences of the property division upon the respective economic
circumstances of the parties; and
10. Contributions and services by the party seeking maintenance to the
education, training, career, or career potential, or license of the other spouse.
Child Support
Under Illinois law, parents have an absolute legal obligation to contribute to the economic support of their children regardless of whether they are married, whether the children live with them. This mutual responsibility continues whether parents are unmarried, married, separated or divorced. This obligation becomes an issue in dissolution of marriage, custody, and paternity cases. It typically results in the court
ordering the non-residential parent to pay money to the other parent for the children’s expenses and also to provide health or medical insurance for the benefit of the children. Ordinarily, the parental duty of support terminates when a child reaches the age of 18 — the age of majority. However, for children who are full-time high school students, and not self-supporting or married, when they turn 18, the duty
continues to the age of 19 or graduation from high school, whichever comes first. At the law offices of Paul Marinov, we work to ensure that the child support reflects the actual figures for income and expenses provided by both sides. We also provide services for the subsequent modification of the amount of child support due to material change of circumstances as well the enforcement of payment of already ordered child support.
