Blog posts tagged in spousal support
Going through a divorce while raising a child with special needs can be a real challenge. Since alimony, child custody, and visitation are more complicated in divorce cases that involve special needs children, it is imperative that you make sure your divorce lawyer has a thorough understanding of your child’s needs and what your lifestyle is like with your child. Here are four tips on how to navigate divorce with a special needs child.
1. Consider a Specialized Visitation Schedule
Due to the fact that children with special needs usually require structure and consistency, a regular visitation schedule may not work for your family. You should think about how your child will travel to spend time with both you and your ex-spouse and whether they will need to bring any special equipment with them during their visits. In addition, you may need to ensure your visitation schedule is flexible because of your child’s health issues and their necessity to see familiar medical personnel.
While alimony awards during divorce are less frequent than they once were, there are times that it is still warranted. The following information explains how you can determine if you might be entitled to support (or required to pay it). You shall also learn how support is calculated during an Illinois divorce, and why legal assistance is recommended for those dealing with alimony issues.
When Alimony May Be Owed
Many situations may lead to a ruling for alimony, but most share a common thread: one spouse is financially disadvantaged. This disadvantage could be caused by a lack of education, job experience, training, health issues, or an extended period outside of the workforce. It can also mean more than an inability to support one’s self; it might also apply if one party has become accustomed to a particular lifestyle during the marriage but is unable to maintain it on their own. The latter is typically seen in high net worth divorces, but the former may occur during any divorce case.
With nearly 50 percent of marriages ending in divorce, the concept of spousal support is commonplace in today’s society. This is equitable relief for those spouses who may not have contributed much financially, but certainly contributed by supporting the working spouse, whether that means raising children or keeping up with regular household duties.
While spousal support was created so that one spouse can maintain their same quality of life, allow for rehabilitation and educational expenses, or simply allow one spouse to get back on their feet after divorce, the reasons for spousal support are just and fair. Generally, these individuals find new relationships and move on, eventually getting re-married to new people, at which time spousal support, unless otherwise agreed to by the giving party, ceases under Illinois law.
When you are going through a divorce, one of the steps is to determine spousal support. Alimony, or spousal support, can be awarded to either spouse. How much will be owed and for how long the spousal support will be paid must be determined.
The court must decide all of this without consideration of any marital misconduct which may have taken place. Factors that are considered by the court to decide upon spousal support include:
- The duration of the marriage
- The standard of living during the marriage
- The needs of each spouse
- The current and future earning capabilities of each spouse
- Any impairment that may affect the earning abilities of the spouse that is seeking maintenance
- Any lack of education, training, career opportunities or employment that the spouse seeking support may have due to that spouse having spent his or her time on domestic duties during the time of the marriage
- The age and emotional and physical conditions of each spouse
- The time that it will take the support-seeking spouse to reach the appropriate amount of training, education or employment necessary, and if that spouse is able to support him or herself with the appropriate employment
- Whether or not being the custodian of the child or children of the marriage affects the spouse seeking maintenance from gaining employment to support him or herself
- Contributions that the maintenance-seeking spouse may have made to the training, career, education or career potential of the other spouse
- The income and property of each spouse
- Valid agreements previously made between the spouses
- Any additional factors that the court decides are valid in the spousal maintenance decision
If you are going through a divorce and are seeking spousal support or your ex is seeking support from you, contact a divorce attorney for assistance today. Attorneys in Lombard, Bloomingdale, Rockford, Joliet and St. Charles, Ill. at Mevorah Law Offices LLC can help you with your case today.