Understanding New Maintenance Payment Rules In Illinois

by | Dec 20, 2017 | Law

An Aurora divorce attorney can help divorcing couples in Illinois understand new maintenance payments rules that have been passed. Both exes must seek help from a lawyer when their maintenance has been calculated, and they can better understand how to deal with the new state laws.

What Are Maintenance Payments?

Maintenance payments are the support payments paid from one ex to another. The court once had quite a lot of discretion to simply order a particular amount of money to be paid every month. The new laws have created a formula that must be used by the court so that all decisions are equitable. An Aurora divorce attorney has access to these formulas, and they can prepare their clients for the court’s decision.

The Duration of Maintenance

The duration of maintenance payments is calculated based on the number of years of marriage in the following manner:

  • 0-5 years = 20% of the length of the marriage
  • 5-10 = 40%
  • 10-15 = 60%
  • 15-20 = 80%
  • Anything over 20 years may be the length of the marriage or a permanent order for maintenance

Lawyers may petition for a different duration if they find it is not feasible, but the standardization is often maintained in family courts due to its simplicity.

The Amount of Maintenance

An Aurora divorce attorney must review the size of maintenance payments with their clients. State law requires that the formula is calculated by subtracting 20% of the payee’s income from 30% of the payor’s income. A lawyer will complete this calculation in their office, and they may petition the court for more or less if they believe this amount is not feasible or unfair. No one who follows this process should be surprised in court when the judge orders maintenance payments because they have reviewed these formulas with their attorneys beforehand.

Keller Legal Services offers family legal help for DuPage County. They help couples to manage maintenance payments under new Illinois laws governing such things.

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