D. SMITH - ATTORNEY AT LAW Practicing Law Since 1980 www.TheIllinoisAttorney.com 2021 Midwest Rd. - Suite 200, Oak Brook, IL. 60523 161 N. Clark St. - Suite 1600, Chicago, IL. 60601 1800 Nations Dr. - Suite 117, Gurnee, IL. 60031 630-415-8705 CALL ME FOR A FREE TELEPHONE CONSULTATION: MON - FRI FROM 9:00 A.M. to 10:00 P.M. & SATURDAY FROM 10:00 A.M. to 3:00 P.M. I AM HERE TO HELP YOU. Email: DS@TheIllinoisAttorney.com Fax (312) 264-5507 Family Law (Divorce / Paternity / Custody / Support / Visitation / Alimony) Serving Cook County, DuPage County, Kane County & Lake County, IL. (Case must be filed in the county where one of the parties resides - I do NOT represent parties in any counties other than Cook, DuPage, Kane and Lake because I believe that when you hire me I should be the attorney in court with you and I do not want to spread myself too thin because that would not be fair to my other clients.- I am sorry and I hope that you understand.) FREE TELEPHONE CONSULTATION AT (630) 415-8705 No Hidden Charges - My fees include court costs! SIMPLE UNCONTESTED DIVORCE $1,750 - FINAL IN 2 TO 4 WEEKS (INCLUDES ENTRY OF JUDGMENT OF ALLOCATION OF PARENTAL RESPONSIBILITIES -REQUIRED WHEN THERE ARE MINOR CHILDREN) Better Business Bureau - A+ Rating Check out my BBB rating at: bbb.org - Search D. Smith - Oak Brook, Illinois ALIMONY - MAINTENANCE KNOW YOUR RIGHTS - CALL ME FOR A FREE CONSULTATION. - DIVORCE IS HARD, LET AN EXPERIENCED PROFESSIONAL MAKE IT EASIER FOR YOU. All attorney's fees include complete legal representation in court. Documents are prepared relating specifically to your case, an attorney explains the documents to you before you sign them and an attorney is with you in court. You are not alone - your attorney is with you every step of the way. Let my 34 years of experience work for you! CALL ME FOR A FREE TELEPHONE CONFERENCE AT (630) 415-8705 TO DISCUSS WHAT SERVICES CAN BE PROVIDED AND THE FEE FOR SAID LEGAL SERVICES. WHEN YOU CALL MY OFFICE YOU TALK TO ME (NOT A PARALEGAL OR SOMEONE JUST OUT OF LAW SCHOOL) AND WHEN YOU GO TO COURT I AM THERE WITH YOU - NOT ANOTHER ATTORNEY (POSSIBLY SOMEONE JUST OUT OF LAW SCHOOL WITH LITTLE OR NO EXPERIENCE). ---------------------------- IS MY SPOUSE / PARTNER ENTITLED TO MAINTENANCE Trial courts have wide discretion in determining whether maintenance (formerly called alimony) is appropriate. The court will consider all relevant factors including: (1) the income and property of each party, including marital property apportioned and non-marital property assigned to the party seeking maintenance; (2) the needs of each party; (3) the present and future earning capacity of each party; (4) any impairment of the present and future earning capacity of the party seeking maintenance due to that party devoting time to domestic duties or having forgone or delayed education, training, employment, or career opportunities due to the marriage; (5) the time necessary to enable the party seeking maintenance to acquire appropriate education, training, and employment, and whether that party is able to support himself or herself through appropriate employment or is the custodian of a child making it appropriate that the custodian not seek employment; (6) the standard of living established during the marriage; (7) the duration of the marriage; (8) the age and the physical and emotional condition of both parties; (9) the tax consequences of the property division upon the respective economic circumstances of the parties; (10) contributions and services by the party seeking maintenance to the education, training, career or career potential, or license of the other spouse; (11) any valid agreement of the parties; and (12) any other factor that the court expressly finds to be just and equitable. STATUTORY CALCULATION OF MAINTENANCE AWARD IF THERE IS ENTITLEMENT If the court determines that a maintenance award is appropriate and the combined gross income of the parties is less than $250,000 and no multiple family situation exists, unless the court makes a finding that the application of the guidelines would be inappropriate: The amount of maintenance shall be calculated by taking 30% of the payor's gross income minus 20% of the payee's gross income. The amount calculated as maintenance, however, when added to the gross income of the payee, may not result in the payee receiving an amount that is in excess of 40% of the combined gross income of the parties. The duration of a maintenance award shall be calculated by multiplying the length of the marriage by whichever of the following factors applies: 0-5 years (.20); 5-10 years (.40); 10-15 years (.60); or 15-20 years (.80). For a marriage of 20 or more years, the court, in its discretion, shall order either permanent maintenance or maintenance for a period equal to the length of the marriage. It is very important to take note that you can only have a maintenance award non-modifiable if the parties enter into an agreement providing for same. If it is not stated, a maintenance award is always modifiable based upon a change in circumstances which can increase or decrease the amount of the maintenance (alimony) and can lengthen the period of time that maintenance will be paid for. A maintenance award not in accordance with the guidelines shall make specific findings of fact indicating the reason for such deviation. As you can see this is a complicated issue which requires the knowledge of a competent attorney who has substantial experience in the area of family law. A good argument could possibly be made whether a party may or may not be entitled to maintenance (alimony) and then a further argument could be made as the amount and period of time for maintenance payments if the court determines a party is entitled to maintenance. RETAIN MY LAW FIRM AND BENEFIT FROM MY 35 YEARS OF LEGAL EXPERIENCE - EXPERIENCE COUNTS! Visa / Mastercard / Discover / AMEX Accepted Installment Payment Plans Available. This website does not provide legal advice but instead is meant to give general information and should not be relied upon without seeking competent legal advice relating to your specific situation. What generally may be true may not apply in your case depending upon the specific facts and circumstances involved. Nothing contained in this website is meant to create an attorney-client relationship and no attorney-client relationship is created until a written retainer agreement is executed by the attorney and client and a retainer fee is paid to the attorney. 630-415-8705 D. Smith - © - 2016 TheIllinoisAttorney.com - Experienced Divorce Lawyer - Contested Divorce - Uncontested Divorce - Practicing Law Since 1980