Dating while going through divorce illinois
So what is included in each spouse's "gross income" for the purposes of calculating the amount of the maintenance award?The Income Withholding for Support Act defines "income" as any form of periodic payment to the party in question, regardless of source, including but not limited to: Once the amount of the maintenance award has been calculated, the judge will determine the duration of the maintenance payments.Courts will consider the spouse's career expectations at the time of the marriage, and how the domestic duties of the marriage may have impaired those expectations.The attorney for the spouse seeking maintenance will try to establish how the spouse's position today would be different had he or she not made sacrifices for the marriage.For marriages longer than 20 years, the judge has discretion to order either permanent maintenance or maintenance for a number of years equaling the duration of the marriage.For marriages that lasted 20 years or less, the judge multiplies the number of years of the marriage by a specific percentage to determine the number of years that the maintenance payments will continue: As discussed above, courts will assess several factors as a threshold issue to determine whether a maintenance award is appropriate at all.
However, if the judge chooses not to follow the statutory guidelines in these cases, the order in which maintenance awarded must lay out the amount and duration that the guidelines would call for and the judge's specific reason for departing for the guidelines.Permanent maintenance is often awarded when one spouse is not employable or will only be employable in the future at a wage that will be too low to meet his or her previous standard of living.However, the spouse seeking maintenance has a duty to seek appropriate employment.Once gross income is determined, the following expenses will be deducted to calculate "net income":The court will examine each party's needs with equal emphasis, including the party from whom maintenance is sought.The goal of the needs analysis is determine whether one party needs maintenance, and, if so, whether the other party has the ability to pay.
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Courts will not allow a spouse seeking maintenance to simply live off of the maintenance award if the individual is employable.