Tag Archives: spousal maintenance

Government Shutdowns Have Limited Effects on DivorcesAfter more than a month, the federal government shutdown has ended with a deal to reopen the government for three weeks. However, President Donald Trump mentioned the possibility of another shutdown if he could not reach an agreement with Democratic leaders. You may wonder whether a shutdown has any effect on divorces. In most situations, the answer is “no.” A shutdown impacts the funding for federal courts, but state courts handle divorce and family law cases. A shutdown would likely affect a divorce only when one of the spouses is a federal employee.

Immediate Consequences

Federal employees do not receive pay during a government shutdown. This should not create any uncertainty about a spouse’s income during divorce negotiations because most employees receive back pay after the shutdown has ended. The government may not repay federal contractors, but those losses should not change the spouse’s future income once the government is running again. The missed pay could immediately affect people who:

  • Are trying to obtain a loan to purchase their own home following a divorce;
  • Are required to make monthly child support or spousal maintenance payments as part of a completed divorce agreement; or
  • Do not have enough money to pay for their own child or personal expenses.

It is important to talk to your family law attorney and former spouse about your financial concerns during a government shutdown. Your former spouse may be understanding about a missed or reduced support payment when you are not receiving your income. If a shutdown persists, you can also file a motion to modify your support payments because of a change in income. However, you could be held in contempt of your divorce agreement if you fail to make support payments without explaining the reason to your former spouse or the court.

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How Your Employment Can Affect Your Divorce AgreementState divorce laws will not allow you to gain an advantage in support payments by quitting your job or not searching for a job. Your child support and spousal maintenance can be based on what you are realistically capable of earning. Courts will not offer much sympathy to people who try to cheat the system by creating an artificial need for support. If you are capable of working, you are expected to keep your job or try to find one.

Leaving Your Job

Courts determine child support and spousal maintenance payments based mostly each spouse’s income. Thus, a spouse could seemingly reduce his or her child support obligation and qualify for spousal maintenance if he or she was unemployed. You will not fool the court if you voluntarily leave your job in order to gain an advantage. The court will instead base your income on what you are capable of earning. However, there is a difference between quitting a job and leaving a job because it conflicts with your parenting time. As a single parent, you may need to look after your children during the hours you normally work. A court may be understanding in this situation but will expect you to look for another job that fits your schedule or to find childcare services.

Losing Your Job

You may become involuntarily unemployed during your divorce due to layoffs or being fired. The court will not hold it against you if you lose your job but, once again, will expect you to be actively looking for a job. It may want you to take a job for lesser pay until you can find new employment in your field.

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Divorcing Someone with Addiction ProblemsYour spouse’s addiction can take a toll on your marriage and eventually lead to divorce. You may feel guilty about leaving your spouse when he or she needs help, but your own health and safety are also important. You spouse may:

  • Betray your trust in order to feed his or her addiction;
  • Squander your money to pay for the addiction;
  • Be less physically or emotionally intimate with you; 
  • Behave erratically or violently; or
  • Put you and your children in dangerous situations.

Your spouse’s addiction will affect how you settle your divorce and what your spouse is likely to receive from the agreement.

Parental Rights

Your spouse may have a limited allocation of parental responsibilities if he or she is still dealing with addiction. A divorce court must consider each parent’s fitness when dividing parenting time. A person with addiction problems may be an unfit parent because he or she may:

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Finding a Job After Your DivorceDivorce leaves you little choice but to re-enter the workforce if you were not employed during your marriage. You may receive spousal maintenance on the condition that you try to become self-supporting. You need your own source of income anyways because maintenance payments may not give you enough money to live comfortably. Finding a job can be a difficult and sometimes frustrating experience, particularly if you have been unemployed for several years. You must prepare for the job search process to find ultimate success.

Determine Your Career

Looking for a job starts with knowing what job you want and how to present yourself as a qualified candidate. It may not be as simple as re-entering the career field of your last job because job requirements can change in just a few years. Before you apply for jobs, you should:

  • Discuss your job search goals with a career counselor;
  • Determine whether you need to update your job skills with continuing education;
  • Identify which jobs best match your strengths and skills; and
  • Update your resume to reflect your most recent experience.

Understand the Application Process

If it has been years since you last looked for a job, you will notice that the application process has changed drastically. Most employers post their openings through online job listings and require you to submit your application electronically. Finding and applying for jobs online is convenient, but the process makes it difficult for you to stand out from other candidates. The keys to the online application process are:

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Illinois Adjusts Spousal Maintenance Law Ahead of New YearSince the U.S. Congress eliminated the alimony tax deduction, divorce professionals have waited to see how state governments will respond. People paying spousal maintenance will not be allowed to deduct their payments from their federal income taxes if the divorce agreement is approved after Dec. 31, 2018. Recipients will also not claim their payments as taxable income. The new law shifts the financial burden towards the paying spouse, and divorce professionals expect courts to react by awarding less in spousal maintenance. Illinois recently approved a new law that changes its directions to courts on how they should evaluate whether to award spousal maintenance and what the maintenance amount should be.

Deciding on Maintenance

The maintenance section of the Illinois Marriage and Dissolution of Marriage Act contains a list of relevant factors that a court must consider when determining whether awarding spousal maintenance is appropriate. The list instructed the court to consider “the tax implications of the property division upon the respective economic circumstances of the parties.” Lawmakers amended the section to simply state that the court should consider “the tax consequences to each party.” The amendment broadens the definition of what courts may consider in relation to taxes, which includes how not having the alimony tax deduction will affect the paying party.

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Goostree Law Group

Goostree Law Group

 555 S. Randall Road, Suite 200
St. Charles, IL 60174

 630-584-4800

 1770 Park Street, Suite 205
Naperville IL 60563

 630-364-4046

 400 S. County Farm Road, Suite 300
Wheaton, IL 60187

 630-407-1777

Our Illinois divorce attorneys represent clients in Kane County, DuPage County, Kendall County and DeKalb County, including Geneva, Batavia, St.Charles, Wayne, Wasco, Elburn, Virgil, Lily Lake, Aurora, North Aurora, Elgin, South Elgin, Bartlett, Crystal Lake, Gilberts, Millcreek, Maple Park, Kaneville, LaFox, Yorkville, Oswego, Plano, Sugar Grove, Big Rock, Bristol, Newark, DeKalb, Sycamore, Naperville, Wheaton, West Chicago, Winfield, Warrenville, Downers Grove, Lombard, Oak Brook, Streamwood, Hoffman Estates, Barrington, South Barrington, Lake Barrington, Schaumburg, Big Grove, Boulder Hill, Bristol, Joliet, Kendall, Lisbon, Minooka, Montgomery, Plainfield, Sandwich, Yorkville and many other cities.

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