872-331-4144
Facing the end of a marriage brings a set of uncertainties. For families in Northbrook and across Illinois, two of the most significant financial issues are child support and spousal maintenance. We understand how difficult these times can be for many in the Northbrook area. Negotiating fair payments is essential to your financial survival. The first step to resolving support issues for your own peace of mind is to understand state law.
At January Family Law, LLC, we offer a compassionate and firm approach to guiding you through these issues. We believe in providing reliable legal counsel, ensuring you understand the distinct differences between these two types of support and how Illinois law addresses them.
Child Support vs. Spousal Maintenance
Child support and spousal maintenance, often called alimony, serve separate and distinct legal purposes.
· Child Support is a legal obligation of both parents to provide for the financial needs of their minor children following a divorce or separation. In Illinois, the law views this as the child’s right, not a source of income for a parent. The support payments must cover a child’s basic needs and expenses.
· Spousal Maintenance is financial support paid by one former spouse to the other. The purpose of maintenance is to help the receiving spouse transition to being financially independent, or in certain cases, to help maintain the standard of living established during a long-term marriage. It is not automatic; a court must first determine if an award is appropriate based on various factors.
How Illinois Calculates Child Support
Illinois adopted the Income Shares Model for calculating child support (750 ILCS 5/505). This model is based on the idea that a child should receive the same proportion of parental income they would have received if the parents were still living together.
The Income Shares Formula
The calculation process involves several steps that require accurate financial information from both parents.
- Calculate Each Parent’s Net Income: Net income is a parent’s total income from all sources minus certain allowed deductions, such as federal and state income tax, Social Security, and Medicare tax. Illinois law defines net income using either the standardized tax amount formula or the individualized tax amount formula (750 ILCS 5/505(a)(3)).
- Determine the Combined Net Income: We add both parents’ net monthly incomes together.
- Find the Basic Support Obligation: The court uses the state’s Schedule of Basic Child Support Obligation, which provides the total amount of money parents in intact households typically spend on their children based on their combined income and the number of children.
- Calculate Each Parent’s Percentage Share: Divide each parent’s net income by the total combined net income. The resulting percentage determines each parent’s share of the basic support obligation.
- Determine the Payment: The parent with the majority of parenting time is assumed to spend their share of support directly on the child. The other parent, the payor, pays their determined percentage share to the other parent. (In rare cases, the parent with the majority of parenting time could pay child support if there is a large income disparity.)
This formula also includes adjustments for healthcare, childcare, and shared physical care situations. The Illinois Department of Healthcare and Family Services provides an online estimator to help calculate these obligations (HFS – Illinois.gov).
The Landscape of Spousal Maintenance in Illinois
Spousal maintenance is governed by Section 504 of the Illinois Marriage and Dissolution of Marriage Act (750 ILCS 5/504). Unlike child support, the court must first determine if a maintenance award is even appropriate before calculating the amount and duration.
Factors Influencing a Maintenance Decision
The court reviews all relevant factors to decide if maintenance should be granted. These may include, but are not limited to, the following (750 ILCS 5/504(a):
- Income and Property: This includes all financial obligations imposed due to the dissolution and the marital and non-marital property of each party.
- Needs of Each Party: The court looks at the specific needs of both former spouses.
- Present and Future Earning Capacity: Any impairment to the earning capacity of the party seeking maintenance due to devoting time to domestic duties or having delayed education/employment is considered.
- Standard of Living: The standard of living established during the term of the marriage is a key consideration.
- Duration of the Marriage: How long the couple was married directly impacts the potential duration of a maintenance award.
- Contributions to a Spouse’s Career: Services or contributions the party seeking maintenance made to the education, training, or career potential of the other spouse.
Calculating Guideline Maintenance
When the combined gross annual income of both parties is less than $500,000, and the payor has no other child support or maintenance obligations from a prior relationship, the court generally uses a statutory guideline formula to set the amount and duration of maintenance (750 ILCS 5/504(b-1)(1)).
Amount Calculation
The annual maintenance amount is calculated by taking 33 1/3% of the payor’s yearly net income, minus 25% of the payee’s net annual income. The law also includes a cap: the resulting amount, when added to the payee’s net annual income, cannot exceed 40% of the parties’ combined net income (750 ILCS 5/504(b-1)(1)(A)).
Duration Calculation
The length of the maintenance is determined by multiplying the length of the marriage at the time the action commenced by a statutory factor, which increases with the length of the marriage (750 ILCS 5/504(b-1)(1)(B)). For marriages lasting 20 years or more, the court has the discretion to order maintenance for a period equal to the length of the marriage or for an indefinite term.
Modifying Support Orders in Cook County
Life events frequently necessitate a change to a pre-existing support order. As families and careers evolve in areas like Northbrook, a parent may need to adjust their obligations. The Cook County Circuit Court, Second Municipal District in Skokie, handles domestic relations cases for Northbrook residents (Illinois Courts), as well as the Richard J. Daley Center in Chicago, IL, and it allows modification of support orders, but only after resolving a critical hurdle: Proving you have experienced a substantial change in circumstances.
Substantial Change in Circumstances
A court may modify a support order only upon a showing of a substantial change in circumstances (750 ILCS 5/510). This legal requirement ensures that orders are not constantly changing.
Common examples of a substantial change include:
- A significant, involuntary increase or decrease in either party’s income.
- A change in the child’s needs, such as new medical expenses or educational requirements.
- A significant change in the allocation of parenting time, affecting each parent’s financial responsibilities.
- For spousal maintenance, the remarriage of the recipient or the recipient’s cohabitation with a new romantic partner may also be grounds for termination.
The Modification Process
You must file a motion with the court to request a modification. In most cases, the court can only change the support amount dating back to the day you filed the motion. It is critical to act quickly once you recognize the need for a change.
Navigating the Legal Path Ahead
The intersection of child support and spousal maintenance creates one of the most complex areas of family law. Moving forward requires a clear understanding of your financial rights and obligations under the Illinois Marriage and Dissolution of Marriage Act. For those in Northbrook, IL, and the surrounding areas, this process often begins at the Skokie Courthouse or the Richard J. Daley Center. Having a knowledgeable advocate by your side is essential to protecting your interests and your children’s future.
We are ready to advocate fiercely while dealing with your family’s circumstances with the care and understanding they deserve. Family law can be challenging to understand, and you should never try to face these issues without a legal professional’s guidance.
If you have questions about child support, spousal maintenance, or modifications under Illinois law, please call us at (872) 331-4144 to discuss your situation. Our experienced team of family law attorneys is here to help you through difficult times, with our full support from start to finish.
