The Shifting Sands of Spousal Support

Aurora family law attorney, cohabitation, determination of support amount, Illinois Marriage and Dissolution Of Marriage Act, lost earning potential, terminate spousal support, wage garnishment, Illinois family law attorneyA cultural shift from traditional outcomes in spousal support determination is becoming the new norm. As both parties involved in a divorce proceeding are now likely to be wage earners, as women are less dependent, and as men more become the primary parent, the traditional providing of support by the man is declining. And with that said, support from the woman is on the rise. Therefore, support is now truly “gender-neutral.” In such a changeable landscape, clear and knowledgeable counsel is of paramount importance.

When navigating through the dissolution of marriage, it is vital for any Illinois couple to have a clear understanding of the Illinois Marriage and Dissolution Of Marriage Act, whether it is the determination of the support amount, the provisions for enforcing support collection, or the conditions under which it may terminate.

Legal counsel can help advise both individuals as present and future earning capacity is evaluated, and as considerations of lost earning potential are examined: education foregone, career opportunities postponed, the choice made to bear and raise children in lieu of other paths.

Counsel can also work towards a clear determination of enforcement mechanisms, whether they are wage garnishment, liens, probation, or even imprisonment on a periodic basis for up to 90 days.

Finally, counsel can lead a client to a sharp realization of the “reviewable events” which can suddenly terminate support, such as cohabitation with a prospective new partner. Proof of cohabitation, to wit financial, social, and sexual interdependence, can open up fresh antagonisms or spur new litigation. It can also be challenging and costly. One such example is the pursuit and securing of cell phone records to establish overnight presence of a new partner.

With such possibilities for change in all the elements of spousal support, it is recommended that you seek the counsel and expertise of an family lawyer to work with you throughout the process to reach a satisfying conclusion. Contact an Illinois family law attorney today to discuss your options.

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