DuPage County Maintenance and Alimony Attorneys
Reputable Divorce Lawyers in Warrenville and Wheaton
Divorce breeds questions. We work to find answers. At the Davi Law Group, we work to find fresh and effective ways to help our clients understand and navigate the divorce process. We skillfully handle maintenance issues and advocate for equitable, workable solutions. Our focus remains fixed on client needs and we approach each case with a single purpose – to fight for resolutions that are in the best interests of our clients.
We practice the art of negotiation in legal disputes because it helps reduce overall expenses and time spent in court proceedings. Our attorneys seek amicable outcomes, but are experienced litigators who can represent our clients’ desires aggressively in court. Attorney Dion U. Davi and his team provide quality legal support for maintenance /alimony matters for Chicago residents every day. We help our clients understand the difference between maintenance based on guidelines and non-guideline agreements.
Court Guideline Maintenance Determinations
The Illinois Marriage and Dissolution of Marriage Act (750 ILCS 5/504) provides a formula for calculating maintenance and outlines factors to consider when determining a maintenance award, such as gross income and length of the marriage. The decision to grant or deny an award will be based on findings of fact. According to the Act, when the Court determines that maintenance is appropriate and "in situations when the combined gross income of both parties is less than $250,000, and no multiple family situation exists...the amount of maintenance shall be calculated by taking 30% of the payor's gross income minus 20% of the payee's gross income." Once this amount of maintenance is determined, the award, when added to the payee's gross income, may not exceed 40% of the combined income of both parties. The statutory duration of the award to the payee before court review is based on the length of the marriage:
|Length of marriage||Multiply by|
|20+ years||Years of marriage or Permanent|
For example, if you were married for 11 years, you would multiply 11 by .60. In that scenario, maintenance duration before review would be 6.6 years. Our attorneys will help you understand these calculations and answer any questions you may have.
Maintenance/Alimony Determined by Agreement
The amount and duration of maintenance may be defined in a prenuptial or postnuptial agreement, in the terms of a legal separation, within a final divorce decree. Through alternative dispute resolution, an agreement may be reached to determine the specific type of maintenance warranted, including:
- Rehabilitative Maintenance – awarded for a specified period to allow the dependent party to improve their financial situation.
- Reviewable Maintenance – awarded for a specified period with built-in reviews to determine the financial stability of the dependent party; reviews determine termination, extension or modifications.
- Permanent Maintenance – awarded until a terminating condition is met, such as death or retirement.
- Non-Determinative/Indefinite Maintenance – awarded without a review period or specified termination or modification condition.
The Impact of Maintenance/Alimony on Taxes
There are different tax considerations, based on the role each party plays in a maintenance determination. For the payor, such benefits are eligible for a deduction, while the payee will be taxed on the income. "Unallocated support" is a phrase used to describe the combined payment of child support and maintenance. While child support alone is not tax deductible, the combining of child support and maintenance into a single payment of unallocated support in a divorce settlement allows the payor to deduct the full amount of support being paid. There are advantages for the payee as well. A skilled divorce lawyer can create an unallocated support settlement that benefits both parties by establishing strategic support amounts and carefully considering how the support will impact tax brackets.
At the Davi Law Group, we know how to draft the proper language to satisfy IRS requirements and communicate properly with accountants to avoid unnecessary confusion. We also know the best scenarios for invoking unallocated support and when it is not advantageous to pursue this arrangement. Our attorneys will advise you on the tax issues involved and help you make the best decision to suit the needs of your situation.
At the Davi Law Group, we treat our clients like family. We invite you to come to one of our convenient locations for an initial consultation. The approximate value of this first meeting is up to $325.00, but there is no cost to you. We will use the time to give you an honest assessment of your family law matter and explain our approach. If you need help with maintenance / alimony concerns, please contact our firm today to schedule an appointment at our Wheaton office. We also have offices in Warrenville, Illinois, Joliet, Illinois, Chicago, Illinois, and Wheaton, Illinois. We look forward to meeting with you and serving the needs of your family today.