amos459
New
Reged: 12/27/07
Posts: 11
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My friend is out of money and must go Pro se' His stbx wants maintenance for life. She worked most of the time they were married but stopped when the third child was born. When back to work three years ago part time. The divorce has been draging on almost three years. She keeps firing her lawyers. So bottom line youngest is 9 going on ten she has been working part time for three years out of work for six. The marrage would have been 17 years but the last three have been a divorce nightmare. In Illinois what may he be facing for maintenance and child support
Also what points may he use to prove she can work and earn a living. She claims she can't but she has a work record. He has no problem paying CS.
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chatter box
Platinum
Reged: 11/09/07
Posts: 1243
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what state?
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Jada
Platinum
Reged: 06/02/07
Posts: 3341
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Quote:
My friend is out of money and must go Pro se' His stbx wants maintenance for life. She worked most of the time they were married but stopped when the third child was born. When back to work three years ago part time. The divorce has been draging on almost three years. She keeps firing her lawyers. So bottom line youngest is 9 going on ten she has been working part time for three years out of work for six. The marrage would have been 17 years but the last three have been a divorce nightmare. In Illinois what may he be facing for maintenance and child support
Also what points may he use to prove she can work and earn a living. She claims she can't but she has a work record. He has no problem paying CS.
We need more information, such as how much he is making and how much she is making.
Illinois has 2 types of alimony. One is short-term, usually not for more than 5 years.
The other type (and given the length of the marriage, this may apply here) is the standard 1/3 -1/2 the length of marriage.
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amos459
New
Reged: 12/27/07
Posts: 11
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Well at this point a lot of difference he's at about 48K gross and she is working part time, not sure on income can't be too much. But she worked in the past and made fair money 9 years ago 23K. Her boys that are at home are 17 and 9. The 18 year old chose to live with us. He is still under a temp order paying for the 18 year old in cs. We are going pro se and pre trial is set for April 8 th. She has dragged this out three years. The judge wants it it over. She has been through 9 lawyers. He filed Bankrupcy as she accumulated huge debt he did not know about. They lost the house, but she was awarded 18K from the equity. Does that help? Can you provide any guidance?
Thank you Please don't misunderstand me I am a single mom as well. I only wasnt what is fair and right for the children, She wants to destry her STBX, very bitter and actually a but off. He has no problem helping her but does not want ot be tied for life, nor do I. The kids love our place and are there all the time, she is not too kind to her children. thank you
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amos459
New
Reged: 12/27/07
Posts: 11
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Illinois
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Jada
Platinum
Reged: 06/02/07
Posts: 3341
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Quote:
Well at this point a lot of difference he's at about 48K gross and she is working part time, not sure on income can't be too much. But she worked in the past and made fair money 9 years ago 23K. Her boys that are at home are 17 and 9. The 18 year old chose to live with us. He is still under a temp order paying for the 18 year old in cs. We are going pro se and pre trial is set for April 8 th. She has dragged this out three years. The judge wants it it over. She has been through 9 lawyers. He filed Bankrupcy as she accumulated huge debt he did not know about. They lost the house, but she was awarded 18K from the equity. Does that help? Can you provide any guidance?
Thank you Please don't misunderstand me I am a single mom as well. I only wasnt what is fair and right for the children, She wants to destry her STBX, very bitter and actually a but off. He has no problem helping her but does not want ot be tied for life, nor do I. The kids love our place and are there all the time, she is not too kind to her children. thank you
My advice is to get an attorney. And just so that you know, when they calculate child support, they don't subtract the alimony from his income nor do they add it to hers. She probably will get some type of alimony. What is he paying now?
That should give you an idea of what he will be ordered to pay.
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theanswerguy
Platinum
Reged: 04/12/07
Posts: 2190
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And just so that you know, when they calculate child support, they don't subtract the alimony from his income nor do they add it to hers.
>>>>>>>>>> Incorrect . In Illinois maintanance due to the person seeking CS is deducted from the other parties income BEFORE CS is calculared .
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Never let your sense of morals get in the way of doing what's right. Isaac Asimov
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Jada
Platinum
Reged: 06/02/07
Posts: 3341
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Quote:
And just so that you know, when they calculate child support, they don't subtract the alimony from his income nor do they add it to hers.
>>>>>>>>>> Incorrect . In Illinois maintanance due to the person seeking CS is deducted from the other parties income BEFORE CS is calculared .
Uh, Answerguy, I got the information from several people who actually live in Illinois and is quite experienced with how they calculate child support. And it is before alimony is deducted.
I think they have a whole lot more knowledge about Illinois than someone who lives in NY.
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KGrow
Platinum
Reged: 01/27/06
Posts: 3153
Loc: Colorado
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You'll want to present and substantiate any evidence that you have that she is fit to work. Things that you've already mentioned in your posts that would be helpful to you: 1/ She worked 9-years ago. 2/ She's working part-time now. 3/ The children are mature enough that they don't need her to stay at home.
You need to understand and counter whatever arguments she has for not reestablishing her career. I don't know what you mean by her claiming she has a "work record".
He try to argue that he's already supported her for 3 years as she ran up debts and he helped pay them off with forfeit marital assets. She's had her rehabilitative maintenance and she spent it.
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