Help For Problems With Alimony And Child Support Payments
At my firm, the Law Offices of Michael D. Canulli, I represent people who are having trouble collecting spousal support or child support payments as well as those who wish to renegotiate the terms of their agreement. I have practiced family law for a long time serving the community of Naperville, and I have a deep understanding of Illinois divorce law. I take a compassionate approach to all family law matters, but I also fight zealously for the best interests of my clients.
Post-Decree Delays With Spousal Support And Child Support Payments
Financial obligations that continue after a divorce is finalized are often the most hotly contested aspect of divorce proceedings. Alimony paid to the former spouse and child support paid by the noncustodial parent are rarely agreed to without fierce negotiations. As a result, it is not uncommon for issues to arise concerning full, timely payments. In some cases, collecting any payment at all is difficult. That is where I can help.
How Spousal Maintenance Works
The Illinois Marriage and Dissolution of Marriage Act defines four distinct types of alimony. Permanent spousal maintenance is only awarded at the discretion of the court for couples whose marriage lasted for at least 20 years. For marriages that lasted less than 20 years, the type and length of alimony are based on the unique circumstances of each couple. The four types of alimony in Illinois are:
Temporary alimony: Also known as temporary maintenance, this type of alimony is issued near the beginning of the divorce process and is meant to cover living expenses during the divorce process. When the divorce is final, temporary alimony ends.
Fixed-term alimony: As the name suggests, this type of alimony has a pre-determined end date. It is meant to support the spouse until they can become financially self-supporting or to compensate a spouse who gave up a career or educational opportunities to raise children or take on homemaking responsibilities.
Reviewable alimony: This type of alimony is awarded when the recipient is working towards being self-sufficient. The court will periodically review the changing circumstances of the recipient to determine if the payment should be changed or possibly canceled.
Permanent or indefinite alimony: As mentioned before, permanent alimony is awarded at the court’s discretion and only for marriages that lasted at least 20 years. While uncommon, permanent alimony can be canceled in certain situations.
When a former spouse refuses to pay court-ordered spousal support, the case will almost always go to court. However, when a change of circumstances affects one spouse’s ability to pay or the need for financial support from the spouse receiving payments, it may be time to renegotiate the agreement. Any penalties or changes in the agreement depend on factors such as the length of the marriage, the type of alimony awarded and any changes in the financial situation of either spouse.
Negotiating Fair Child Support Agreements
Once a child custody and visitation agreement is finalized, a child support arrangement is then negotiated. The court determines the amount of the payment based primarily on each parent’s income and the amount of time the child(ren) spends with each parent. Typically the noncustodial parent is obligated to pay monthly child support, but that is not always the case when there are large disparities in income levels. I put my four-plus decades of experience to work in negotiating child support agreements, promoting your best interests and making sure that payment amount is fair.
Contact A Child Support Lawyer Today
To schedule a free initial consultation to discuss issues surrounding alimony and child support payments, call my Naperville office at 630-717-7877 or fill out my online contact form. I look forward to learning how I can help you.