Maintenance in Divorce or Family Law Cases, Part IV
Maintenance in a divorce or family law case under the new Illinois Marriage and Dissolution of Marriage Act will now be determined based on percentages just like the current calculation of child support. In Illinois, including Palatine, Rolling Meadows and Arlington Heights, once a judge determines maintenance is appropriate then the divorce judge must determine whether guideline maintenance is appropriate.
In cases where the combined earnings of the parties is more than $250,000 per year, the divorce judge may still use the prior factors in determining the maintenance required, as opposed to the mechanics of the new statute. However, in cases where the combined earnings of the parties is less than $250,000 per year, the following formula will be applied:
Maintenance in divorce proceedings will be determined by taking 30% of the payor’s gross income minus 20% of the payee’s gross income. This is the essence of the new maintenance provision.
However, in family law and divorce court, the judge can limit the amount of maintenance to be received by the payee spouse. This can be achieved by adding the maintenance amount to the payee’s gross income and if that amount exceeds 40% of the combined gross income of the parties, the family law judge may reduce the maintenance award by the amount of the excess.
James M. Kelly is a Palatine divorce lawyer who serves Palatine, Arlington Heights, Rolling Meadows and surrounding areas. He specializes in family law, all aspects of divorce, and bankruptcy. Contact James M. Kelly today and learn how he can help you through your divorce and family law needs in Palatine, Rolling Meadows, Arlington Heights and surrounding areas.
In the next divorce blog posting, we will consider the length of maintenance under the new law.