I’m getting a divorce; will I automatically have to pay maintenance (alimony)?
In Illinois, while maintenance or spousal support can be ordered by the court to help support a spouse who is not capable of maintaining the marital lifestyle, it is not automatic. Your attorney will help you review your income, cash flow, and taxes so that you are prepared to account for your assets and make a determination whether maintenance might be appropriate in your case.

How might the maintenance (alimony) amount be calculated?
Governed by Illinois statute, there are many factors that go into calculating maintenance. Although there exists a formula for determining maintenance where the obligated spouse makes less than $400,000 per year, the court still makes the final determination. Williams Farmer will help you conduct an analysis of your lifestyle, income cash flow and other factors to help you understand the possible outcomes in your particular case.

How do I know if I have to pay child support?
Both parents are obligated to provide financial support for the child/children. It is not optional, nor can a parent waive the obligation.

How do I calculate the amount of child support I will pay?
Illinois uses a child support calculator to determine the amount paid by the obligated parent. In Illinois, child support is determined based on a number of factors, including:

  • The number of children
  • The incomes of both parents
  • Cost of family health insurance paid by a parent
  • Amount of child support paid by a parent who has children from a prior marriage
  • Amount of maintenance or alimony paid by a parent to a spouse from a prior marriage.

What is a child representative? Why may a judge request my child to have representation?
A child representative may be appointed to your case by the court if the parents have a dispute with respect to parenting issues. The role of the child representative is to investigate the child’s living situation, interview the parents and child, and develop a recommendation that is delivered to the court. The child representative does consider the child’s wishes, but may ultimately recommend something else when taking into account other factors. A child representative must always work to ensure that the child’s best interests are being maintained.

What is a Marital Property Settlement?
A marital property settlement takes into account the value of all property, assets, and wealth. The purpose of such a settlement is to provide an equitable division or an equitable sharing of such property and assets.

What is an Allocation Judgement?
An allocation judgement is a child custody ruling, either through agreement or by way of a court’s order, and it sets out parental responsibilities.

Can my spouse pay for my attorney’s fees?
You can file a Petition for Interim Attorney’s Fees and Costs. It will be reviewed to determine what amount is necessary to give you an opportunity for adequate representation in the litigation. Your income and assets, as well as your spouse’s income, and assets will be considered in this decision.