Illinois statute – 750 ILCS 5/504 regarding maintenance – the most significant factors in determining maintenance is the difference in earning capacity of the parties and the length of the marriage. Careful analysis of earning capacity of both spouses.
- The income and property of each party, including marital property apportioned and non marital property assigned to the party seeking maintenance;
- The needs of each party;
- The present and future earning capacity of each party;
- Any impairment of the present and future earning capacity of the party seeking maintenance due to that party devoting time to domestic duties or having forgone or delayed education, training, employment, or career opportunities due to the marriage;
- The time necessary to enable the party seeking maintenance to acquire appropriate education, training, and employment, and whether that party is able to support himself or herself through appropriate employment or is the custodian of a child making it appropriate that the custodian not seek employment;
- The standard of living established during the marriage;
- The duration of the marriage;
- The age and the physical and emotional condition of both parties;
- The tax consequences of the property division upon the respective economic circumstances of the parties;
- Contributions and services by the party seeking maintenance to the education, training, career or career potential, or license of the other spouse;
- Any valid agreement of the parties; and
- Any other factor that the court expressly finds to be just equitable.
Pre and Post Marital
Written agreements that clarify what assets are to remain with a spouse to avoid future unnecessary disputes in litigation in the assets in the marriage breaks down.
Post Decree
Post marriage issues, modification of the forms of support including child support, alimony/maintenance, child custody and visitation. Rights based on a significant change of circumstances that might affect or support a change. Careful analysis of the circumstances if an unjustified modification of additional child support or custody are filed against you.
Enforcement of Decree
If a spouse fails to comply with a provision of the divorce decree, an action for a rule to show cause why that person should not be held in contempt to be filed and if there is a violation of a provision of the judgment, attorney's fees shall be awarded if it can be proved that the person violated the Judgment for Dissolution of Marriage willfully. If spouse is charged with violation of the Judgment for Dissolution of Marriage, significant investigation is necessary either to show there was no violation or deviation is justified or action taken was not willful
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