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Burr Ridge divorce attorney spousal maintenance

In decades past, taking care of children, cooking, cleaning, and maintaining the marital home were largely seen as the wife’s responsibility. Today, American families come in all shapes, sizes, and varieties. Married couples have the freedom to assign responsibilities according to each spouse’s skillset. More and more often, this means that the majority of the childcare and homemaking duties falls to a husband. If you are a stay-at-home father or “house husband” who is getting divorced, you may have questions about your rights. Fortunately, Illinois law treats men the same as women with regard to spousal maintenance, property division, and other divorce issues.  

Alimony or “Spousal Maintenance” in Illinois

If you have not worked outside the home in several years, you may be concerned about the financial implications of your impending divorce. You may be dependent on your spouse’s income and hesitant to reenter the workforce. Most of the time, when a spouse has sacrificed employment opportunities for the betterment of the marriage or family, that spouse is entitled to alimony or spousal maintenance. However, if you have already signed a prenuptial agreement waiving your right to this financial support, the court will probably uphold this agreement. In the absence of a marital agreement describing a spouse’s right to maintenance, Illinois courts make maintenance determinations based on each spouse’s present and future earning capacity, the impairment to a spouse’s earning capacity caused by his or her focus on domestic duties, the duration of the marriage, and several other factors. The amount of maintenance you may be entitled to will likely be based on Illinois statutory formula. If you and your spouse’s combined income is above $500,000 per year, the court has the discretion to set aside the statutory formula when determining the amount of spousal maintenance.  

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Cook County family law attorney

Every parent should understand his or her parental rights under Illinois law. If you are a father or soon will be and you are unmarried, taking action to protect your parental rights is essential. When a married couple has a child, the husband of the woman who gave birth is automatically presumed to be the biological and legal parent of the child. However, if you are unmarried at the time of your child’s birth, you will need to take certain steps to establish yourself as the child’s legal parent. This is crucial in protecting your parental rights, including your right to enjoy parenting time with your child.

Establishing Paternity in Illinois

The first step you need to take to protect your rights as a father in Illinois is to establish your legal parent-child relationship. Establishing paternity provides a number of benefits to both the child and the parents. Unless there is a reasonable concern that spending time with the father would put the child’s well-being in danger, a father who has established paternity has a legal right to parenting time. Once you have established paternity, you will be able to put your name on your child’s birth certificate. Additionally, your child will gain access to your health insurance, Social Security benefits, veteran’s benefits, and pension benefits if applicable. Establishing paternity also allows the custodial parent, meaning the parent with the majority of the parental responsibilities, to collect child support payments.

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Botti Marinaccio, LTD.

630-575-8585

2015 Spring Road, Oak Brook, IL 60523

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