Legal Question in Family Law in Illinois
Divorce
My husband and I have decided to divorce after only 5 1/2 years of marriage. I have been a stay at home Mom the whole marriage. Will I be intitled to maintanance or allomony? We have 3 children...2 together. How do they determine child support. Is it a standard formula?
1 Answer from Attorneys
Re: Divorce
Well, you should really sit down with a lawyer at your convenience...if there are children and maintenance involved there's too much money at stake for you to not know what you're doing.
The more straight-forward question is child support, for three children generally the support will be 32% (for two 28%) of the obligor's current net income (after tax income basically). The only exception is in cases of extreme high income cases.
Maintenance sounds likely although I'd need more information. Generally a stay home mother would be entitled to maintenance. Court's tend to do a couple of things...sometimes they'll sort of equalize the two parties incomes with maintenance payments or they'll look at factors like length of marriage and what percentage of the payors net income is appropriate maintenance.
Some general guidance for you.