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As a mediator, I work a lot with divorcing, separating and never married couples who, for the best interests of their children, must agree on a child support amount that makes for both of them.
Marital misconduct is irrelevant in determining the amount of child support. The nature and extent of visitation is irrelevant in determining the amount of child support.
By now we should all be aware that child support accrues interest at 9% a year, as stated at 750 ILCS 45/20.7 and 5/505(b) Interest on support obligations. A support obligation or any portion of a support obligation, which becomes due, and remains unpaid for 30 days or more shall accrue simple interest at the rate of 9% per annum.
In Illinois, alimony is awarded without regard to marital misconduct. According to Illinois divorce law, the judge orders support from one spouse to the other if the parties cannot agree. The court awards alimony in a lump sum or for a fixed or indefinite period of time. The alimony may be paid from the income or property of the other spouse after considering all relevant factors, including the income and assets of each spouse, the needs of each party, the earning capacity of each party, any impairment of the earning capacity of the party seeking alimony caused by marital sacrifices, the time necessary for the receiving party to seek employment, the standard of living established while married, the length of the marriage, the age and health of both parties, and the contributions and services by the party seeking maintenance to the education or career potential of the other spouse.
|Your Right to Child Custody, Visitation & Support
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"A Plain English Guide to Protecting Your Children"
Author: Mary L. Boland, Attorney at Law
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