Ensuring Fairness In Financial Support
Child support and spousal maintenance are a common source of friction in divorce. Without that supplemental income, the children or lesser-earning spouse may suffer a significant drop in their standard of living. Conversely, support levels that are too high can cause unsustainable hardships for the payer.
The Law Offices of Pepi Camerlingo, P.C., represents both men and women in divorce and family law. Our experienced lawyers will help you understand the financial aspects of divorce and advocate for fair levels of child support and spousal maintenance (aka alimony).
Determination Of Child Support
Child support is largely dictated by the Illinois Child Support Guidelines. The formula is based chiefly on the number of children and the incomes of the parents. However, there may be reasons to deviate from the guidelines, such as:
- Unreported income from a self-employed parent
- Imputed income for an unemployed or underemployed parent
- Big fluctuations in month-to-month income
- Incomes above the state guidelines
- Special needs of the child
- College contributions
Our attorneys can make sure the court has accurate information and argue for or against a departure from the guidelines. We also handle post-decree modifications of child support.
Will There Be Maintenance (Alimony)?
Spousal maintenance (often known as alimony) is intended to help the disadvantaged spouse maintain a similar standard of living as they had during marriage. The formula is based on the net incomes of each spouse and the length of the marriage. The longer the marriage, the longer the duration of maintenance. If a couple was married for 20 or more years, the court can grant permanent alimony.
Unlike child support, the court has discretion in awarding maintenance. The judge considers many statutory factors such as age and health, education and employable skills, the disparity in income, the allocation of marital property, and whether the recipient made sacrifices that contributed to the earning capacity of their high-income spouse.
Our lawyers can gauge whether maintenance is likely and how much you would pay or receive. Spousal maintenance can also be a bargaining chip or offset in the property settlement, for example when one spouse wants to keep a business. We have argued for and against alimony at trial, as well as on appeal.
Compassionate Advocacy For Complex Issues
Your post-divorce financial picture is too important to leave to chance. Pepi Camerlingo and Jen Parks are watching out for your interests and are prepared to go to court if necessary. Call our Chicago office at 312-680-0046 to schedule a consultation, or contact us online.