MLG LAW GROUP-CHICAGO DIVORCE AND CUSTODY LAWYERS

A judge can make one spouse pay the other spouse money on an ongoing basis after a divorce. This is called " maintenance ." It used to be called "spousal support" or "alimony." The purpose of maintenance is to help the ex-spouse support themselves. However, the judge is not required to order maintenance. People who are able to work are generally expected to find a job and support themselves. The laws for maintenance are the same for men and women.  How does a judge decide whether to order maintenance? The judge will consider the following things when deciding on maintenance: Income and property Needs Earning potential, now and in the future Time spent doing household duties Time and money needed to get a job, or the training and education to get a job Lifestyle during the marriage Length of marriage Age Physical and emotional conditions Any agreements between the spouses The judge will not make their decision based on how well either...

Children of divorce in Illinois spend less time with their father than kids in nearly every other state. A new study released by parental custody software service Custody X Change found dads in Illinois without a criminal past that live nearby only see their children 23.1 percent of the year. The only states where fathers spend less time with their kids are Mississippi (23 percent), Oklahoma (22.4 percent) and Tennessee (21.8 percent). Twenty states, including Florida and Wisconsin, tied for first place with 50 percent of time for fathers. Illinois ranked 47th. The report calculated that Florida’s 50 percent parenting time is equal to about 183 days a year for dad, while California’s 32.8 percent of time is about 120 days year and Tennessee’s 21.8 percent of time is about 80 days a year. Ben Coltrin, president of Custody X Change, said there’s a big difference between Illinois and a state like Missouri that has 50/50 custody laws, where children spend an equa...

I.  Maintenance  (750 ILCS 5/504) As of January 1, 2019, maintenance is no longer tax-deductible to the payor spouse, and no longer includable in the gross income of the recipient spouse. In light of this new federal tax reform, numerous changes were made to Illinois’ maintenance statute effective January 1, 2019, and are summarized below: Maintenance Barred if Award is Not Appropriate  (750 ILCS 5/504(b-1)) Unless the court finds that a maintenance award is appropriate, the court  shall  bar maintenance as to the party seeking maintenance regardless of the length of the marriage at the time the divorce action was commenced. Guideline or Non-guideline Maintenance Awards  (750 ILCS 5/504(b-1)) Only if the court finds that a maintenance award is appropriate, shall the court order guideline maintenance or non-guideline maintenance. However, if the application of guideline maintenance results in a combined maintenance and child support obligation that exc...

Illinois  is neither a  no - fault  nor a  fault -based  state . Instead, the law contains elements of both. You can get  divorced  if you and your spouse have “irreconcilable differences” and the following statements are true: ... Or, if you both agree to the  divorce , you've been separated for six months.

What Happens to Your House When You File for Divorce in Illinois? When couples file for divorce the biggest issue are the kids & the real estate property, here are 15 do's & don'ts by Local Records Office By  Eric TSBmen, Neighbor Apr 6, 2018 6:34 pm ET   |  Updated Apr 6, 2018 6:45 pm ET   Reply 0 Even though it is no longer true that half of the marriages end in divorce, the divorce rates have been increasing over time. A separation between couples is never an easy thing to deal with, especially, when adding children to the mix of things says,  Local Records Office . When you start stepping back and taking an overall on your marriage, and the complex problems marriages face, there are some facts to know to sustain a happy marriage or revive an unhappy one. As these are steps to guide you through these troubled waters and can beset all relationships. As getting divorces can become a tremendous amount to handle emotionally, socially, l...

One alternative to the litigated divorce is the mediated divorce. It has its advantages, and its drawbacks. Mediation offers a neutral approach to handling your divorce and offers a more private, self-controlled, and usually more affordable means by which to handle your case. Unfortunately, many mediated cases get knocked off track early on – or worse – one party repudiates a mediated agreement (after all the time, money, and hard work went into it) after learning a little law from a friend, relative, or lawyer.  Be sure to work with a lawyer/mediator who can help you and your spouse stay focused and committed to the process. In a mediated divorce, both parties work with a single, neutral, mediator. The mediator helps the parties reach an agreement. Mediated settlements are not imposed on parties by attorneys or judges, but rather are drafted by the parties themselves (the mediator does the typing, the parties determine the terms). In sum, you will not be handed a preformed, b...

Hidden Assets and Divorce Decisions regarding the division of marital assets upon divorce may be made either by the divorcing spouses themselves or by a judge. State law governs how marital and separate property is divided in the property distribution. Typically, each spouse will receive a percentage of the total value of their joint property. Although it is illegal …

Big changes are coming to the Illinois spousal maintenance law (spousal support) specifically Section 504 of the Illinois Marriage and Dissolution of Marriage Act (IMDMA). This section deals with maintenance, which was formally referred to as “ spousal support ” or “alimony.” The changes are set to take effect on January 1, 2019. This is big news for anyone currently involved in divorce proceedings and parties who are contemplating filing for dissolution in the near future. If maintenance is a factor in your divorce you will want to speak to an attorney regarding the below-mentioned changes, as there will be a difference between Judgments for Dissolution of Marriage entered before and after January 1, 2019. First, is Spousal Maintenance Appropriate? Before discussing the details of maintenance (duration and amount) the court must still make a finding that maintenance is appropriate given the specific facts of the case. This is nothing new. There is a threshold question that must b...