Skilled Attorney On Spousal Support Issues
As an ex-spouse, you may find your finances very stretched. Receiving — or having to pay — spousal support can make a big difference in your life.
At Mitchell Highlander, LLC, we can help you protect your legal interests concerning spousal support issues. Our firm always stays up to date on changes in the law in this area and knows how to protect your interests.
Call 618-803-4022 to discuss your specific situation. From offices in Maryville and O’Fallon, we serve clients in Madison County, St. Clair County and Bond County.
Does Spousal Maintenance Apply In Your Case?
In Illinois, courts may award spousal support (maintenance) in a divorce based on a two-step process.
The first step involves the judge deciding whether support is appropriate. The second is the amount of support.
The judge’s decision on whether support is appropriate is based on several factors. These include length of the marriage, ability to earn income and whether a spouse took time off from work to take care of the kids.
How Much Support Is Called For?
Once the judge has decided support should be awarded, the amount is supposed to be set by a formula. But this calculation is not merely an easy algebraic equation. Judges have the discretion to go up or down from the guideline amount. And it can be tricky to determine exactly how to calculate gross income.
Tax considerations also come into play. For example, starting in 2019 a spouse paying support to an ex will not be able to deduct those payments from gross income when filing federal taxes.
Another reason why determining the amount of spousal support isn’t always so straightforward is the interplay between spousal support and child support. Under current Illinois law, the amount of spousal maintenance gets deducted from the net income of the spouse paying it — which may result in less child support for the spouse receiving maintenance.
Solutions Customized To Your Circumstances
Attorney Mitchell Highlander, LLC is adept at helping clients work out sensible solutions that take into account Illinois law as applied to specific situations. Whether you are paying spousal support or receiving it, our law firm can guide you to a customized solution that protects your rights and interests.
Call today to arrange an initial meeting with a lawyer or complete the brief online form.