DuPage County Maintenance Lawyer

Illinois Spousal Maintenance Attorney

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In instances of long term marriages or when a great disparity in income exists between parties, the issue of maintenance must be determined. Maintenance is the payment of financial support from one to the other when the receiving party is unable to support themselves from their own income consistent with the standard of living enjoyed during the course of the marriage and the paying party has the ability to pay such needed financial support. Such payments may be periodic (monthly) or even lump sum. It can be modifiable or non-modifiable. During the pendency of the case, the court can even order that it be paid on a temporary basis. Whichever side you are on (paying or receiving spouse) you need an attorney that understands the ins and outs of this process.

Attorney Kathryn L. Harry has more than 23 years of experience practicing family law in Illinois. During this time, she has represented numerous clients in divorce cases involving alimony in DuPage County, Cook County, Chicago and the surrounding suburbs. Family law is one of our firm’s major areas of focus, and our DuPage County spousal maintenance attorneys work tirelessly to secure a reasonable alimony settlement for our clients.

Maintenance payments can be made regardless of the gender of the parties. A husband may be ordered to pay to the wife or the wife may be ordered to pay to the husband. Payments are determined according to each spouse’s annual income as well as other factors. If the court orders any alimony/maintenance to be paid, the spouse with the higher level of income is generally the one who ends up paying. There are different kinds of alimony support that may be ordered by the court, including:

  • Permanent Maintenance: This is generally awarded at the end of a long-term marriage in which one spouse makes a significantly higher income than the other. Permanent maintenance may or may not be modifiable in amount.
  • Periodic Maintenance: These are any payments made weekly, monthly, quarterly, or yearly.
  • Temporary Maintenance: These are payments made while the case is pending and final judgment has not yet been entered.
  • Rehabilitative Maintenance: This type of maintenance may be ordered to help one spouse acquire better or more education or job skills so that they would be better able to support themselves.

Unlike child support, there are no set guidelines for alimony/maintenance support payments in Illinois. However, the court will use a number of common factors to decide if (and how much) support is warranted. These may include:

  • Annual income of each spouse, including property;
  • Needs of each spouse;
  • Established standard of living during the marriage;
  • Age and condition of each spouse, both physical and mental;
  • Duration of the marriage; and
  • Tax consequences resulting from marriage.

If you are facing a divorce, make sure you have strong representation to secure the best possible outcome. For a free consultation, contact McPherson Harry & Associates, P.C. at (877) 889-4515. Our DuPage County spousal maintenance attorneys will go over your case and let you know what you should reasonably expect in terms of alimony and other support payments.

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