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Illinois Divorce Laws Continued

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Non-marital property is considered:
  • Property acquired by gift, legacy or descent.
  • Property acquired in exchange for property acquired before the marriage or in exchange for property acquired by gift, legacy or descent.
  • Property acquired by a spouse after a judgment of legal separation.
  • Property excluded by valid agreement of the parties.
  • Any judgment or property obtained by judgment awarded to a spouse from the other spouse.
  • Property acquired before the marriage.
ALIMONY/MAINTENANCE/SPOUSAL SUPPORT:

The court may grant a temporary or permanent maintenance award for either spouse in amounts and for periods of time as the court deems just, without regard to marital misconduct, in gross or for fixed or indefinite periods of time, and the maintenance may be paid from the income or property of the other spouse after consideration of all relevant factors, including:

  • 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.
  • Any other factor that the court expressly finds to be just and equitable.

[Based on Illinois Compiled Statutes 750 - Chapter 5 - Section: 504]

SPOUSE'S NAME:

Upon request by a wife whose marriage is dissolved or declared invalid, the court shall order her maiden name or a former name restored. [Based on Illinois Compiled Statutes 750 - Chapter 5 - Section: 413]

CHILD CUSTODY:

The court shall determine custody in accordance with the best interest of the child. The court shall consider all relevant factors including:

  • The wishes of the child's parent or parents as to his custody.
  • The wishes of the child as to his custodian.
  • The interaction and interrelationship of the child with his parent or parents, his siblings and any other person who may significantly affect the child's best interest.
  • The child's adjustment to his home, school and community.
  • The mental and physical health of all individuals involved.
  • The physical violence or threat of physical violence by the child's potential custodian, whether directed against the child or directed against another person.
  • The occurrence of ongoing or repeated abuse, whether directed against the child or directed against another person.
  • The willingness and ability of each parent to facilitate and encourage a close and continuing relationship between the other parent and the child.
  • Whether one of the parents is a sex offender.

The court may enter an order of joint custody if it determines that joint custody would be in the best interests of the child, taking into account the following:

  • The ability of the parents to cooperate effectively and consistently in matters that directly affect the joint parenting of the child. "Ability of the parents to cooperate" means the parents' capacity to substantially comply with a Joint Parenting Order. The court shall not consider the inability of the parents to cooperate effectively and consistently in matters that do not directly affect the joint parenting of the child.
  • The residential circumstances of each parent.
  • All other factors which may be relevant to the best interest of the child. Nothing within this section shall imply or presume that joint custody shall necessarily mean equal parenting time. The physical residence of the child in joint custodial situations shall be determined by: (1) express agreement of the parties; or (2) order of the court under the standards of this Section.

[Based on Illinois Compiled Statutes 750 - Chapter 5 - Section: 602]

CHILD SUPPORT:

The court may order either or both parents owing a duty of support to a child of the marriage to pay an amount reasonable and necessary for his support, without regard to marital misconduct. Illinois uses income percentage model to calculate child support using the following guidelines:

  • One child equals 20% of supporting party’s net income.
  • Two children equals 28% of the supporting party’s net income.
  • Three children equals 32% of the supporting party’s net income.
  • Four children equals 40% of the supporting party’s net income.
  • Five children equals 45% of the supporting party’s net income.
  • Six or more children equals 50% of the supporting party’s net income.

The term "child" shall include any child under age 18 and any child under age 19 who is still attending high school. The above guidelines shall be applied in each case unless the court makes a finding that application of the guidelines would be inappropriate, after considering the best interests of the child in light of evidence including but not limited to one or more of the following relevant factors:

  • The financial resources and needs of the child.
  • The financial resources and needs of the custodial parent.
  • The standard of living the child would have enjoyed had the marriage not been dissolved.
  • The physical and emotional condition of the child, and his educational needs.
  • The financial resources and needs of the non-custodial parent.

[Based on Illinois Compiled Statutes 750 - Chapter 5 - Section: 505]

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