Maintenance

Thousands of parents are jailed each year in the U.S. for failing to pay child support, according to MSNBC.com. Many of these parents have willfully withheld or hid money out of spite or a feeling of injustice. Some, however, have not made the required payments due to financial instability or poverty. Across the country, all non-custodial parents who fail to make their agreed upon child support payments will be subject to the punishments set forth by the laws in their state.

Under the Illinois Non-Support Punishment Act, a person is guilty of a failure to support offense if she or he “willfully, without any lawful excuse, refuses to provide for the support or maintenance of his or her spouse, [knowing] that the spouse is in need of [it] … or, without lawful excuse, deserts or willfully refuses to provide for the support or maintenance of his or her child or children in need of [it] and the person has the ability to provide the support.”

A person convicted of a failure to support offense for the first time is charged with a Class A misdemeanor offense. For second and subsequent offenses, the person will be charged with a Class 4 felony. Fines, ranging from $1,000 to $25,000, imprisonment, and/or restitution, will be imposed in varying severity dependent on the circumstances.

A divorce can be a frustrating and overwhelming process, especially when there is animosity towards the other spouse. When children are involved, it can become even more complicated and heated. If your former spouse has failed to provide you or your child with the maintenance or support you are entitled to, contact the experienced Chicago maintenance attorneys at Nottage and Ward for a consultation at 312-332-2915.

In Massachusetts, legislation has recently been proposed that would significantly change the way alimony payments are decided in the State, reports The Boston Business Journal. Additionally, if passed, it would also allow divorced parties to revisit their established alimony agreements, in certain circumstances.

Known as the Alimony Reform Act of 2011, the bill has been praised by many for giving long-anticipated guidelines regarding alimony awards in the State. Massachusetts does not currently permit judges to set a cap on its duration, which has resulted in many scenarios of working ex-spouses making lifetime alimony payments to a non-working ex-spouse who are supported by an unmarried, live-in partner. Now, the proposed legislation gives precise definitions of new, additional categories of alimony, and also describes how long payments should continue. For example, in “general term alimony,” a former spouse who is economically dependent on the other former spouse is given regular payments; in “rehabilitative alimony,” payment is made to a former spouse who is expected to eventually become financially independent.

The proposed legislation also defines how long payments should last, depending on how long the marriage lasted. For example, if a marriage lasted for five years or less, under the legislation, payments are not to exceed half the number of months the marriage lasted. For marriages that lasted longer than 20 years, indefinite alimony can be granted at the discretion of a Judge.

Additionally, if passed, the legislation would not allow alimony recipients to continue to receive payments if they are unmarried and living with a life partner who provides support. In such cases, payments are stopped. The proposed legislation would also make it easier for parties to modify their alimony payments upon their retirement.

Alimony is referred to as maintenance in Illinois. There are different variations of maintenance, and it is important that adequate steps are taken to ensure you are granted the payments you deserve to secure your financial future. At Nottage and Ward, our Chicago maintenance lawyers can help you understand what payments you should expect based upon your situation, and can negotiate or litigate on your behalf. Call our law offices at 312-332-2915 to find out more.

Bloomberg recently featured an article that discussed the impact of the National Football League (NFL) lockout on, not only the players, but on the women and children who receive support through players’ alimony payments. If the NFL and its players are unable to come to an agreement on a new labor contract, players may be left without work and a paycheck. On average, a player in the NFL earns approximately $1.8 million per year and as many as 80 percent of professional athletes are affected by alimony and child support payments.

According to the article, many players are taking steps to reduce their child support and alimony payments to reflect their potentially lowered income if the league shuts down. An attorney representing several players says the only option available to players is to file for modification requests since many will not be able to meet their obligations. Under the terms of the current labor contract, NFL players will not receive their first paycheck for the 2011 season until September.. The attorney notes that these requests will need to be made ahead of time to guarantee that any income change corresponds with the income cutoff, should it occur.

Child support and maintenance in Illinois can be modified upon a “substantial change in circumstances” that would justify the modification. Typically the court will allow a reduction in payment if the change in circumstances is beyond the control of the party that pays support, such as getting laid off from a job. However, if the party paying support voluntarily acts to reduce their income, such as quitting their job, their modification request will likely be denied.

If you believe you need a modification in your child support or maintenance obligations or are having difficulties obtaining the child or spousal support rightfully due to you, contact the Chicago maintenance attorneys at Nottage and Ward. For over 20 years, our lawyers have exclusively practiced family law, and we can help you understand what legal options are available to you in your specific situation. To learn how we can help you and your children, call 312-332-2915 today.