Alimony And Child Support In Illinois In Wake

State:
Multi-State
County:
Wake
Control #:
US-00004BG-I
Format:
Word; 
PDF; 
Rich Text
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Description

The Affidavit of Defendant is a legal document filed in cases involving alimony and child support in Illinois, particularly addressing situations in Wake County. This form serves to inform the court about the financial status of a defendant seeking to modify or clarify alimony obligations due to changed circumstances. Key features include sections for personal information, a summary of the original divorce decree, details of compliance with the judgment, and a statement outlining reasons for diminished income. Users must fill out specific required information such as their name, address, and the terms of the original support decree. The document should be signed before a notary public, ensuring authenticity. Important use cases include scenarios where a defendant's financial situation has significantly changed, making it challenging to meet alimony payments. For legal professionals, including attorneys, partners, and paralegals, this form is crucial for efficiently managing client cases related to alimony and child support modifications. It allows them to document their clients' financial difficulties formally, aiding in the pursuit of a fair legal outcome.
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  • Preview Affidavit of Defendant Spouse in Support of Motion to Amend or Strike Alimony Provisions of Divorce Decree Because Of Obligor Spouse's Changed Financial Condition
  • Preview Affidavit of Defendant Spouse in Support of Motion to Amend or Strike Alimony Provisions of Divorce Decree Because Of Obligor Spouse's Changed Financial Condition

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FAQ

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.

A spouse may be disqualified from receiving alimony if it's determined that they have ample resources to support themselves or if the marriage was of a very short duration. Other specifics may include the discovery of a spouse's non-monetary contributions or any valid agreement between the parties.

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.

Misconduct: Certain behaviors can also lead to the disqualification of alimony. For instance, if a spouse is found to have engaged in financial misconduct, such as hiding assets or failing to disclose financial information during the divorce proceedings, this can result in disqualification.

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Alimony And Child Support In Illinois In Wake