Illinois Maintenance Calculations are a set of guidelines and formulas used to determine the amount of spousal or child support paid in a divorce or separation case in the state of Illinois. The calculations are based on a number of factors, such as the parents' combined net incomes, the number of children in the family, the amount of parenting time each parent has with the children, and other considerations. The calculations are used to determine the amount of support owed by the non-custodial parent. There are two types of Illinois Maintenance Calculations: temporary and permanent. Temporary maintenance calculations are used to determine how much support should be paid during the divorce proceedings, while permanent maintenance calculations are used to determine how much support should be paid after the divorce is finalized. Both types of calculations take into account the same factors, but the permanent calculations also account for the future income of the paying parent and the cost of living for both parents.
Illinois Maintenance Calculations
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Under the formula defined in the statute, maintenance is calculated by taking 33.3 percent of the net income of the spouse who earns more and subtracting 25 percent of the net income of the spouse who earns less.
In simplest terms, annual maintenance is calculated by taking 33.33% of the paying spouse's net income, and subtracting 25% of the recipient's net income.
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One way to avoid paying alimony is to prove that your marriage only lasted a short time. In Illinois, the courts consider a marriage to be short-term if it lasts less than 5 years. If you show that your marriage fell into this category, it is less likely that the court will order you to pay alimony.
The basic formula for alimony in Illinois is fairly simple: (33% of the payer's net income) ? (25% of the recipient's net income) = the yearly maintenance paid. One condition to this is that the amount awarded cannot cause the receiving spouse to earn more than 40% of the couple's combined net income.
In Illinois, either spouse can petition for alimony, but the court will only award it to individuals who are unable to support themselves. The court considers various factors to decide whether someone is qualified, such as age, physical and emotional condition, and earning capacity.
In a marriage of under 5 years, maintenance payments last for 20% of the marriage's length. For a 9-10 year marriage, alimony payments last 40% of the marriage's length. 20+ years of marriage means alimony will either last the marriage's length or indefinitely.
A judge can make one spouse pay the other spouse money on an ongoing basis after a divorce. This is called "maintenance." It used to be called "spousal support" or "alimony." The purpose of maintenance is to help the ex-spouse support themselves. However, the judge is not required to order maintenance.