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Divorce Guide

Illinois Divorce Support

The issues regarding the Illinois divorce support are decided at the court where the couple has sought for legal separation. The divorce support matters are settled as per the state statutes and on a case to case basis as the circumstances differ from grossly from one couple to the other. There are many aspects that influence the decision of the court when it comes to the Illinois divorce support. But it is the primary objective of the court to provide sufficient means of livelihood to the spouses and arrange for the proper maintenance for the children of the separated couples.

IL spousal support –

Spousal support is awarded by the court in favor of the spouse who is not capable of earning enough to live in the same standard that was established during the marriage. In the state of Illinois the matter is settled as per the Illinois Compiled Statutes - Chapter 5 - Sections: 504. The court can order for a permanent or temporary alimony and also declares the amount of support need to be paid after considering the following aspects.
  • Income of both parties including the marital and separate property.
  • Requirement of each of the parties to maintain the same standard of life
  • Earning capacity of both the parties.
  • The time and expenses required to make one of the parties capable of finding a suitable job, Education and training in this regard.
  • Duration of the marriage
  • Age, physical and emotional health of both the parties
IL child support –

The issues of the child support is settled by the court in Illinois according to the Illinois Compiled Statutes - Chapter 5 - Sections: 505, 507. The court decides on the child support as per the Percentage of Income formula where the percentage to the income of the non custodial parent is applied to the number of children. While deciding on the child support the court also considers the following aspects,
  • Age and health of the children.
  • Financial resources and requirement of the child.
  • If there is any extra ordinary medical cost involved in case of physically or mentally challenged child.
  • The custodial arrangement, especially if the parents have got the shared physical custody of the child.
  • Any other financial obligations of the spouses.
IL property division in divorce –

Property distribution is also part of the Illinois divorce support and it settled by the court according to the Illinois Compiled Statutes - Chapter 5 - Sections: 503. Illinois being an “equitable distribution” state, the marital properties in this state are equitably divided between the spouses. But only the marital properties are consider for division and the following types of properties are excluded as non marital property,
  • Property acquired by either of the spouses as gift, descent or legacy.
  • Property acquired before the marriage and in exchange with another non marital property.
  • Property acquired after the legal judgment of divorce.
In brief, the Illinois divorce support arrangements are made by the court to ensure that there is no financial hardship faced by either of the spouses arising out of the divorce.

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