Pesch Law Office, P.C. Passing the Torch:

Susan Marie Pesch is starting a new chapter in her legal career outside of Illinois and Michael Calabrese will expand his practice to accommodate Pesch Law Office clients and referrals. Attorney Pesch and Attorney Calabrese have a similar passion for the law and dedication to their clients as they navigate difficult family law issues. To schedule a consult, contact Attorney Michael Calabrese at Calabrese Associates, P.C.

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DuPage County Child Support Attorney

Financial security is one of your biggest concerns when facing a divorce. Will you be able to maintain the same lifestyle after the divorce? Will there be enough money to raise your children? These are common questions divorce litigants ask.

Child Support

Under Illinois law, both parents have the legal obligation to support their children. If the children reside with you, your support will take the form of daily food, clothing and shelter. If you are the non-residential parent, you will be obligated to pay a certain percentage of your net income to the other parent as contribution to the daily expenses of raising your children.  The percentage amount is based upon the number of children. For example:

Number of children

% of net income

1

20%

2

28%

3

32%

4

40%

5

45%

6 or more

50%

It is possible to deviate from these amounts if there is a specific reason that is expressly approved by the Court. The amount of child support is withheld by the employer from the payor parent’s paycheck and is sent to the State’s Disbursement Unit to create a payment record before it is sent to the payee spouse.

Another issue that is commonly addressed in a divorce proceeding is which parent is allowed to claim the children as an income tax dependence exemption.

In addition to child support, each parent is obligated to contribute to day care costs, health insurance premiums and uncovered medical expenses.  This contribution is typically set based upon each parent’s total income.  A recent trend is to require both parents to contribute to the cost of driver’s education, car insurance and cell phone usage for the children.

Child support can be adjusted periodically upon a change of circumstances.

Spousal Support

Maintenance, formerly known as alimony, is defined as the sum of money one spouse pays to the other in a set amount for a specific length of time until the spouse receiving the payment can be “self sufficient.”  Whether or not you are a candidate for maintenance depends on several factors, including but not limited to:

  1. The length of your marriage
  2. The lifestyle of your marriage
  3. Each party’s present earning capacity
  4. Each party’s future earning capacity
  5. Your current income and expenses
  6. The allocation of marital property in the divorce
  7. The non-marital property assigned to each party

Maintenance can be paid monthly, in a lump sum or taken into consideration in the final allocation of marital property.

Maintenance can be reviewed at a certain point in time depending on the time required for the party entitled to maintenance to acquire education, training and employment.

Maintenance can be modified if there is a substantial change in circumstance of either party, such as unemployment or raise in salary.

Maintenance will automatically terminate if the party receiving payments remarries or cohabitates.

Maintenance is as individual as each marriage. The Court uses it’s discretion and equitable powers to achieve a result that “without regard to marital misconduct” seeks to maintain each party in the lifestyle of the marriage.