This is a generic Affidavit to accompany a Motion to amend or strike alimony provisions of a divorce decree because of the obligor spouse's changed financial condition. This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.
Alimony With Child Support In Chicago
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Multi-State
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Chicago
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US-00004BG-I
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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.
Eligibility for Alimony in Illinois Standard of living established during marriage. Age, health, employability, and educational level of each spouse. Earning capacity and ability to become self-supporting for the spouse seeking maintenance. Property, including marital and non-marital assets, divided between spouses.
Child support is never deductible and isn't considered income. Additionally, if a divorce or separation instrument provides for alimony and child support, and the payer spouse pays less than the total required, the payments apply to child support first. Only the remaining amount is considered alimony.
You must file a Motion to terminate child support and a Notice of Motion with the Clerk of the Circuit Court and then appear in front of a judge. A form motion is available in the law library or on-line at .
Illinois does have lifetime or indefinite alimony. This type of alimony lasts until one of the parties passes away or gets remarried. Indefinite alimony only gets ordered in marriages that lasted 20 years or more.
40% of the high earner's net monthly income minus 50% of the low earner's net monthly income. For instance, if Spouse A earns $5,000 per month and Spouse B earns $2,500 per month, temporary spousal support might be calculated as follows: 40% of $5,000 = $2,000. 50% of $2,500 = $1,250.