Alimony And Child Support In Florida In Chicago
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For most people, if you're paying alimony, you want to file for divorce in Florida. If you expect to receive spousal maintenance, you'll want to file for divorce in Illinois. The division of assets in Illinois is more flexible than it is in Florida.
Child support and spousal support, also referred to as alimony, are two different payments. Illinois law may require each, depending on the circumstances. In some cases, one of the parties can be forced to make both payments.
Seventeen states in the US are considered “no-fault states” for divorce. These no-fault divorce states are Wisconsin, Oregon, Washington, Nevada, Nebraska, Montana, Missouri, Minnesota, Michigan, Kentucky, Kansas, Iowa, Indiana, Hawaii, Florida, Colorado, and California.
Florida ranks 6th among all other U.S. states in divorce. Yet, getting an uncontested divorce in Florida is not as easy as you think. Family law is all about alimony, custody of minor children, etc. Yet, the divorce process varies from state to state and is particularly unique in Florida.
This means neither person has to provide a reason for the divorce other than "irreconcilable differences." Therefore, filing first does not provide any legal advantage. However, being the petitioner has certain benefits, such as starting the case in the county you prefer if the parties live in separate counties.
Under Florida law, courts may enforce alimony provisions from out-of-state divorce agreements but are limited in their authority to modify these obligations.
In certain Florida divorces, a wife can pursue over 50% of the marital property. The court evaluates economic circumstances, contributions to the marriage (including non-financial ones), and child welfare, justifying an unequal distribution of assets in favor of one spouse.
The court's must look at whether the spouse requesting alimony has a need and then determine if the other spouse has the ability to satisfy, all or part, of that need. Typically, courts look at the surplus or deficit on each party's financial affidavit when determining if alimony should be awarded.
