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Financial Options for Stay-At-Home Parents During an Illinois Divorce

Posted on in Illinois Divorce

IL family lawyerMillions of parents make the selfless decision to sacrifice a career for the benefit of their children. If you are a parent who has not worked outside of the home in several years or longer, you may be worried about how you will make ends meet if you get divorced. Sadly, many spouses stay in unhappy marriages because they are worried that they cannot manage without their spouse’s income. Fortunately, divorcing spouses in Illinois have several options for seeking financial assistance - both during and after the divorce.

Child Support and Spousal Maintenance

In Illinois, parents with the majority of the parenting time are typically entitled to child support. Illinois courts use the Income Shares model for child support to calculate the amount of child support a parent receives. Both parents’ net income is used to determine child support payments.

Spousal maintenance is awarded less frequently than child support, however, it is possible to get spousal maintenance in an Illinois divorce. If you do not have any marital agreements, such as a prenuptial agreement dictating spousal maintenance, you can petition the court for maintenance. The court will evaluate factors like the duration of the marriage, the standard of living during the marriage, financial resources and needs of each party, and employability of each party when determining maintenance.

Temporary Relief Orders in an Illinois Divorce

Many stay-at-home parents do not have the work experience, education, or job skills needed to be financially independent. They require financial assistance in the form of child support and spousal maintenance. Unfortunately, complex divorce cases are rarely resolved quickly. This means that the court may not enter permanent child support or spousal maintenance orders for months or years. Fortunately, Illinois law provides options for parents who need financial assistance during the divorce process.

Divorcing spouses can seek a petition for temporary relief, including:

  • Temporary child support – If you are primarily responsible for the children during divorce, you can request a temporary child support order by submitting a financial affidavit and financial documentation to the court. The amount of child support you may receive will be based on your financial situation, your spouse’s financial situation, the standard of living during the marriage, the children’s needs, and other pertinent financial information.
  • Temporary spousal maintenance – You may also be entitled to temporary spousal maintenance, also called spousal support or alimony. You will need to show evidence of your financial need to qualify for spousal maintenance. This maintenance lasts until the divorce is complete. The final order for spousal maintenance- if there is any – may differ significantly from the temporary relief order.

Contact a St. Charles Divorce Lawyer

Contact a Kane County divorce lawyer from Weiler & Lengle P.C. for help addressing financial needs during divorce. Call us today at 630-382-8050 for a confidential consultation.

Source:

https://www.ilga.gov/legislation/ilcs/documents/075000050k501.htm

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