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.