Atty
D. Smith
Attorney At Law


FREE CONSULTATION

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 4700, Chicago, IL. 60601

1800 Nations Dr. - Suite 117, Gurnee, IL. 60031

 630-415-8705 

Serving Cook County, DuPage County, Kane County & Lake County - Illinois

Family Law (Divorce / Paternity / Custody / Support / Alimony)

30 YEARS  EXPERIENCE:

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ORDER OF PROTECTION


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Free Initial Office Consultation


Member of:
  American Bar Assn.
  Illinois State Bar Assn.
  DuPage County Bar Assn.

  Elmhurst Chamber of Commerce

MAINTENANCE / ALIMONY

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 30 years of experience work for you!

CALL ME FOR A FREE TELEPHONE CONFERENCE AT (630) 415-8705 FOR A FREE INITIAL CONSULTATION 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). 

There are no percentage guidelines as to how much maintenance (alimony) a spouse may be awarded from the other spouse.  The award of maintenance to a spouse is unusual and some of the criteria to determine whether a spouse should be awarded maintenance is: the length of marriage of the parties, the earning potential of the parties, the current earnings of the individual parties, the educational level of the parties, the assets awarded to each party in the divorce decree, the potential earnings from the assets awarded to each party in the divorce decree, the health of each party, etc.  Unless provided otherwise in the divorce decree or court order, maintenance terminates upon proper motion and proof at a hearing that the spouse receiving maintenance is residing with another individual on a resident conjugal basis (that is proof of actual physical sexual intercourse.  Some judges may say that just because two unrelated parties of the opposite sex are living together does not prove that they are having sex!  Also, just because a former spouse may go to a hotel or her friend's home to have sex on occassion is not sufficient in and of itself.)  Unless the divorce decree states that the maintenance award is non-modifiable, either party may file a petition in court seeking to reduce or increase the maintenance payments based upon a change in circumstances (eg. payor loses his job or receives a substantial increase in pay).

Maintenance payments made pursuant to a court order are taxable income to the receipent and tax deductible to the payor of said payments.

In some cases the court may order that the non-custodial parent pay unallocated maintenance and child support in one sum in order to give the non-custodial parent an income tax deduction for the total amount of the payments made which would result in the receipent paying income tax on the total amount received.  This is usually done when the custodial parent is in a much lower income tax bracket which hopefully will result in the custodial parent receiving a larger sum of money (net of income taxes) with the custodial parent making a larger payment but also enjoying the advantage of reducing his income tax liability.

Maintenance / unallocated maintenance and child support payments are normally withheld from the payor's paycheck and sent directly to the Illinois State Disbursement Unit for transmittal to the receipent of the funds.  This way the receipent does not have to beg for the maintenance she / he has been awarded and is legally entitled to or wait until the other spouse feels that he is ready to pay her.

Please make an appointment to come to my office to discuss your legal rights and the procedures that need to be followed.  Let my thirty (30) years of experience provide you with the representation that you need in this very difficult time of your life.  Make an appointment to come in for a FREE initial office consultation to discuss your case and what this law firm can do for you.   Know your legal rights and obligations - Experience counts - Let us represent you and get you what you are legally entitled to.

Hire an experienced attorney and get it done right the first time and make sure that your rights are protected.  Depending on the case and the pleadings involved, an experienced attorney may be able to complete the work twice or three times faster saving the client time and money.  Also, an experienced attorney makes sure that you get what you are entitled to or pay the least amount possible.

I try to charge a very fair and reasonable fee for the work that is performed and you may find some attorneys who are not that familiar with the law and may take a copy of a form and type in certain variables and call it a completed document or not really devote sufficient time to your case.   This law firm takes pride in our work and has the experience to know what should be done and what should not be done.   Legal services performed may affect your life for many years to come and it is very important that you obtain the services of a qualified attorney with experience.

RETAIN MY LAW FIRM AND BENEFIT FROM MY 30 YEARS OF LEGAL EXPERIENCE - EXPERIENCE COUNTS!

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Installment Payment Plans Available.

630-415-8705

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.