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Who Is Responsible for Paying Support After a Divorce?
Just because a divorce decree is finalized does not mean that the parties are free of responsibilities to each other. It is common for divorces to come with orders of financial support, usually in the form of alimony or child support. If you are currently going through a divorce, or you need help negotiating your obligations after a divorce, a St. Charles, IL family law attorney can help.
At Shaw Sanders, P.C., we have years of experience negotiating for our clients in divorce cases. Our firm can provide you with legal advice and representation for any issues regarding court-ordered support in your divorce.
Who Pays for Alimony?
In virtually every case, spousal support is paid by the higher-earning spouse to the lower-earning spouse. Depending on the circumstances of the divorce, alimony may only be a short-term arrangement, or it may last for multiple years.
However, it is important to keep in mind that alimony is not guaranteed in Illinois divorces. To receive alimony, you must either work out an agreement with your spouse or petition the judge in court. If you go to court, the judge will assess your situation to decide if alimony is appropriate, considering your health, employability, and other factors. Our lawyers can help you address any alimony-related problems during or after your divorce.
Who Pays for Child Support?
The question of who pays child support is slightly more complicated. Unlike alimony, child support is not optional if there are minor children involved in your divorce. Typically, the parent with less parenting time throughout the year is responsible for covering child support expenses. If both parents have the same parenting time, then the responsibility usually falls to the higher-earning parent.
Child support expenses can be used to cover various necessities like food, clothing, childcare, and school. If you need to amend the amount of child support, be sure to handle it through the courts. A verbal agreement may work in the short term, but being found in violation of a court order can have serious consequences.
When Support Orders Can Be Changed
Support orders may be altered in some situations. For example, if the spouse receiving alimony gets a pay increase, the amount of support he or she receives could be decreased. With child support, judges are willing to change the court order if the child’s best interests are at stake. A sudden change in health or the child simply requiring more support as they get older may justify a change to the court order.
At Shaw Sanders, P.C., we are skilled at negotiating modifications to existing support orders, representing spouses on either side.
Meet With a Kane County, IL Divorce Lawyer
It is not always simple to determine who will be responsible for paying support after a divorce. At Shaw Sanders, P.C., we can provide you with legal insights and advocacy for any issue related to your divorce decree. If you have any questions about payment, modification, or enforcement, call our St. Charles, IL family law attorneys to schedule a free consultation. 630-584-5550.
630-584-5550