Alimony & Maintenance
The award of any maintenance in Illinois is now typically subject to statutory guidelines, which gives more predictability to the amount and time period of what may be paid (provided you fit within the income parameters of the guidelines themselves, i.e. couples with a combined income of less than $500,000 and no multiple family situation). However, courts can still deviate from this formula based upon various factors and a court first has to make a determination if your case is one that even warrants the payment of maintenance.
As of 2019, maintenance is no longer deductible by the payor and includible in the recipient's income. Calculations are based upon net income, by taking 33 ⅓ percent of the payor’s net annual income minus 25 percent of the payee’s net annual income. The amount calculated as maintenance, however, when added to the gross income of the payee, may not result in the payee receiving an amount that is in excess of 40 percent of the combined gross income of the parties. If a party is paying maintenance, that is a statutory deduction when calculating child support.
Each case is unique and at The Law Office of Erin M. Wilson LLC, we analyze all facets of maintenance, as well as calculate the various scenarios. We are also experienced in analyzing income, including when one spouse is attempting to hide income and when it is appropriate to impute income when it is not actually being earned. Keep in mind that income is hard to actually hide, even in a cash business, based upon a “lifestyle” analysis and review of the statements that do exist. That means even if your spouse is not reporting his or her income, we can analyze the expenses to show there is more income than what is being alleged. Also, we can review the claimed expenses, or deductions, on a tax return, as not all of those expenses are allowable for calculating support, even if completely legitimate on tax returns. We will make spreadsheets and help trace the income and assets, to break down the information in a way that is understandable for each individual client. In certain circumstances, we will work with forensic accountants, private investigators and other professionals to help trace the hidden income.
Whether you are addressing maintenance issues for the first time in a divorce case, or attempting to modify or enforce an award of maintenance, we can work with you to find creative solutions to amicably settle the issues when possible, and aggressively pursue or defend against maintenance when necessary.
Please contact The Law Office of Erin M. Wilson LLC for a consultation regarding maintenance and alimony.