How Does Spousal Maintenance Affect Child Support? 

 Posted on September 27,2021 in Kane

There is no doubt about it: Divorce can have massive financial implications. For many, getting divorced represents a considerable financial hardship. In Illinois, divorced parents with the majority of the parenting time are typically entitled to child support. Some divorced spouses are also entitled to spousal maintenance or, as it is called in other states, alimony. You may be wondering, “Can a spouse receive both spousal maintenance and child support?”

Understanding Illinois Child Support and Spousal Maintenance Laws

Typically, divorce cases involving parents include a child support order. The amount that a parent pays depends on both parents’ net incomes. In Illinois the Income Shares Model is used to reach a child support payment amount that provides for the child’s needs without bankrupting the paying parent.

On the other hand, spousal maintenance is not awarded in all divorce cases. Unless the couple has agreed to maintenance in a valid marital agreement such as a prenuptial agreement, a spouse who wishes to receive maintenance will need to petition the court for maintenance. Courts consider both spouses’ financial needs and resources, the standard of living during the marriage, the duration of the marriage, and several other factors when determining if maintenance is appropriate. Usually, the amount of maintenance a spouse receives is calculated using a statutory formula that takes both spouses’ net incomes into account.

How Does Spousal Support Influence Child Support? 

It is possible to receive both spousal maintenance and child support. However, the amount you receive in child support can be influenced by what you receive in spousal support. Child support is based on the parents’ net incomes. Spousal maintenance payments are included in a parent’s net income. So, the more you receive in spousal maintenance, and consequently, the more the other parent pays, the less you could receive in child support.  

As you can see, child support and spousal support concerns during divorce can be complicated. An experienced divorce lawyer can help you understand what you are entitled to under Illinois law and pursue the financial resources you and your child need.

Contact a Kane County Divorce Lawyer

If you are getting divorced, contact a St. Charles divorce attorney from MKFM Law for assistance. At MKFM Law, we understand the financial hardship divorce can cause. We also understand how to build a compelling case for spousal support and/or child support and advocate fiercely for our clients. Call 630-665-7300 today for a confidential consultation. 

Source:

https://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=075000050K505