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Illinois Spousal Support Calculation: What Is Considered Income?
One of the biggest concerns people have when considering divorce is how the split might affect their finances. Not only will getting a divorce result in the loss of your spouse’s income and/or nonfinancial contributions to your household, you may also be expected to pay child support or spousal support. Illinois spousal support payments are calculated using a number of factors, but the obligor’s income is typically the most influential factor. Before support payments can be calculated, the obligor’s income must be defined.
Determining Illinois Spousal Support Payment Amounts
There are a few different ways that a divorcing spouse may be obligated to pay spousal maintenance. If the spouses had previously signed a valid prenuptial agreement that dictates a spouse’s maintenance obligations, the court will typically uphold the directions contained in the agreement. Spouses may also be required to pay spousal support if there is a large discrepancy in the spouses’ income and assets. The standard of living established during the marriage, each spouse’s health and age, any impairment to the recipient spouse’s future earning capacity, and several other factors are also assessed during spousal maintenance determinations.
According to Illinois statutory guidelines, spousal maintenance is calculated by subtracting 25 percent of the recipient’s net income from 33.3 percent of the obligor’s net income. However, spousal support payments cannot exceed 40 percent of the spouses’ combined net income. It should be noted that in some cases, the court will deviate from these statutory guidelines.
What Is Considered “Net Income?”
If your financial situation is not straightforward, you have multiple sources of income, own your own business, or have other special circumstances, you may wonder exactly how income will be calculated for spousal maintenance payments. The Income Withholding for Support Act and The Illinois Marriage and Dissolution of Marriage Act define income for the purpose of spousal support calculations. Typically, net income is calculated by taking gross income and subtracting:
- Federal and state income tax
- Self-employment tax
- Social Security
- Certain medical expenses
- Retirement contributions required by law or as a requirement of employment
- Costs associated with repayment of business debt
- Child support payments from a previous relationship
- Prior spousal support obligations
Other expenses may also be subtracted from gross income in order to determine net income depending on the circumstances.
Contact a Kane County Spousal Maintenance Lawyer
Spousal support can be a major expenditure. If you have concerns about the amount of spousal maintenance you may be required to pay or you want to know whether or not you may be entitled to receive spousal support, contact Shaw Sanders, P.C. Schedule a confidential consultation with an experienced St. Charles family law attorney from our firm by calling us at 630-584-5550 today.
Sources:
http://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2093&ChapterID=59
http://www.ilga.gov/legislation/ilcs/documents/075000050K505.htm
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