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St. Charles Spousal Support Lawyer

If you are currently receiving maintenance payments, also known as spousal support or alimony, you must notify the payor if you remarry or move in with a romantic partner. Illinois law requires you to notify the payor of your intention to remarry at least 30 days prior to the wedding, unless the wedding occurs spontaneously, in which case you must notify the payor within 72 hours of the wedding. 

Unless your divorce order states otherwise, the obligation to make future maintenance payments ends on the date of your remarriage or on the date on which cohabitation began as determined by the court. If maintenance was paid to you after such date, you must reimburse the payor for those amounts. 

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St. Charles Child Support AttorneySince Illinois switched to the “income shares” method in 2016, child support payments are calculated based on the combined net income of both parents. When both parents have a job that pays a straight salary or hourly wage, the calculation of net income is fairly straightforward. The calculation can be far more complicated, however, when a parent is self-employed, retired, has a child support obligation from a previous marriage, or has some other special situation. 

The Definition of Net Income for Illinois Child Support Calculations

Illinois child support law (750 ILCS 5/505), in combination with various court rulings, defines income for the purpose of child support calculations as follows. 

Net income includes all income from all sources, broadly defined by the courts as “a gain or recurrent benefit” that “enhances a parent’s wealth and facilitates that parent’s ability to support a child.” This specifically includes:

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St. Charles Divorce Attorney

Before you finalize your Illinois divorce settlement, consider this: Will you and your children be financially protected if your ex-spouse dies prematurely? Under Illinois law, the obligation to pay spousal support, aka maintenance or alimony, terminates upon the death of either spouse unless otherwise agreed in your divorce settlement. Child support obligations, however, are not terminated by a parent’s death. The court may order a deceased parent’s estate to pay child support and college expenses

Child Support After a Parent’s Death

Per 750 ILCS 5/510(d), “the amount of [child] support or [post-secondary] educational expenses, or both, may be enforced, modified, revoked or commuted to a lump sum payment, as equity may require, and that determination may be provided for at the time of the dissolution of the marriage or thereafter.” To ensure your children’s financial security and your own peace of mind, you can ask for your child support order to specify how child support will be paid out of a parent’s estate in the event of death. Keep in mind that both parents have an obligation to support their children financially, so this determination should be made for both parents.

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St Charles Divorce Attorney

When you start thinking about divorce and dividing your assets, the division of your personal and household belongings may not be top of mind. However, when you add up the cost of replacing those items, the total can be significant. Insurance companies generally estimate the contents of your home to be worth about 50 percent of the value of the structure itself. Thus, if your home is worth $400,000, its contents may be worth as much as $200,000.

In an Illinois divorce, all marital property must be divided equitably between you and your spouse. Your marital property broadly includes all household furnishings and other belongings acquired during your marriage with the exception of items received via inheritance or personal gift. In a typical division of property, each party keeps their own clothing, jewelry, and similar personal items, although a high-value collection of watches or jewelry may be excepted from that rule. You will need to inventory everything else and decide on an equitable division of those items.

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St. Charles Gray Divorce Lawyer

In the past two decades, divorce after age 50 has become far more common, leading to the popular term “gray divorce.” What seems to be causing this, and what should you do if you find yourself considering divorce after age 50?

What Has Contributed to the Increase in Gray Divorce?

Experts hypothesize that longevity and technology trends have converged to make divorce more appealing to those over age 50. In 1970, the average American lifespan was 70 years. If spouses reached age 55 or 60 and felt they had grown apart, most would just stick it out rather than be alone. Today, the average lifespan is about 79 years, almost a decade more. Members of the Baby Boom generation who are now in their 50’s and 60’s also expect to remain healthy and active longer. When they have finished raising their children or their careers have peaked, they could be living for 30 more years. If life with their current spouse is no longer appealing, they feel they have an opportunity to do something different in their remaining decades. They have higher expectations for their remaining years in part because of what they see on the internet. Divorce seems a more viable option than it did in the past, in part because of the reduced stigma of divorce and the ease of meeting a new partner through online dating.

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