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Essential Elements to Include in Your Illinois Parenting Plan

St. Charles divorce lawyer parental responsibilityIf you are an Illinois parent going through a divorce, your divorce decree will include a parenting plan that specifies how parental responsibility (also known as decision making) and parenting time (also known as custody and visitation) will be allocated between you and your ex-spouse. 

This is an important document that will play a major part in determining how you will interact with your former spouse and your child for years to come. Therefore, it is critical to think through this document and to be as comprehensive as possible. It is also important to make the terms flexible. This plan must be able to grow with your family for years to come. 

The Importance of a Parenting Plan

Before discussing what should be covered in your parenting plan, it is important to understand the purpose of such a document within the scope of your family law case. You and your ex may be able to work together to create a parenting plan, but if you cannot agree on the terms of the plan, each of you must file your own parenting plan. Typically, each spouse is required to file a parenting plan within 120 days of petitioning for parental responsibilities. A court will review and consider the parenting plans when deciding how parental responsibilities will be divided. 

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Calculating the Amount and Duration of Spousal Maintenance in Illinois

Kane County alimony lawyerCalculating spousal maintenance (alimony) in Illinois can be somewhat complex. The amount of maintenance payments will be based on the incomes of both spouses, and the duration that these payments will last is based on the length of the marriage. To get an idea of how maintenance is calculated, it is best to consider an example. The below figures, importantly, are reflective of a spousal maintenance calculation for couples whose total income is less than $500,000.

Step 1: Calculate 30% of the Payor’s Income

In this example, the payor’s income is $200,000 per year, the payee’s income is $40,000 per year, and the couple was married for seven years and seven months prior to divorcing. Thus, the total income is $240,000, falling under the $500,000 cap (above which maintenance is determined on a case-by-case basis). The first thing to do is to calculate 30% of the payor’s income; 30% of $200,000 equals $60,000. 

Step 2: Subtract 20% of the Payee’s Income from the 30% of the Payor’s Income

Next, calculate 20% of the payee’s income and subtract this figure from the 30% of the payor’s income. 20% of $40,000 is $8,000, and subtracting this amount from $60,000 equals $52,000. Here, we pause to make sure that adding this $52,000 to the payee’s income of $40,000 (making a total of $92,000) does not exceed 40% of the spouses’ combined income. 40% of $240,000 equals $96,000, so a maintenance award of $52,000 per year is appropriate.

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