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How Much? How Long?

Discussion in 'Alimony & Spousal Support' started by Vincent, Sep 27, 2017.

  1. Vincent

    Vincent Law Topic Starter Member

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    Hello,

    Thanks for you help in advance. I am going to give as much information as I can, so I can get the best answers I can. I assume I would need to talk to a lawyer of course in the end, but I would like any advice I can get before hand if possible.

    Thanks!

    I was told by many people the laws have changed in the recent couple years, to what I can tell not in my favor.
    ~~~~~~~~~~~~~~~~~~~~~~~
    Not sure if this a complex case or not.

    Live in IL.
    Haven't lived in any other state for either one of us if that makes a difference.

    First time married for both of us.

    Married 12 years now. Together 14 years. Living together before married about 1 year or so.

    Married at the age of 20 years old. One month before I turned 21 years old.

    Have (1) child together (7 years old) that lives with both of us. (We are still living in the same apartment because finically have too.

    No other children for either one of us.
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    Nether of us own property.

    Neither of us have a 401K, savings, or investment account.

    We have 1 car still paying for the next 3 years or so still.

    Car is in wifes name. I am a co-singer.

    Car is upside down and own more than it is worth.

    No assets other than household items like TV, furniture, Microwave, and Clothes.

    Have lived\ slept in separate rooms of the 3 bedroom apartment for the last 3 months or so.

    ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
    Income Break down, and this is where I have the most confusion.

    Wife does not work. She hasn't worked since 2007 or so.

    ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
    Main source of income is from my SSDI.

    I have been on SSDI since 2012. Before awarded my SSDI I was on unmemplyment for the full 99 weeks. Before that I was manager at various retailers of the years. Last W2 Job was March of 2010. Last salary I had as a W2 Employee, was 45K gross from the job at Starbucks. $45K is the most I made as a W2 Employee.

    ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
    My SSDI from 2012 Breaks down as follows

    Total per month after medicare payment and an agreed amount of $100 per month deducted each month for an over payment of benifits is $2300.

    My portion of that SSDI is $1600 and $700 is for my child each month.

    I have always been my childs payee.

    The over-payment unfortunity is a considerable amount and would take 20+ years to pay off at current $100 per month SSDI deduction.

    ~~~~~~~~~~~~~~
    2nd source of income which always changes on a day to day, month to month, year to year basis is 1099 I.T. computer work.

    I work as I able to in my physical means doing small I.T. jobs. Mostly through a large national 3rd part service provider that produces a 1099 at the end of the year for my earnings.

    My average which is a rough estimate is $16K per year Gross with the 1099 work combined.

    Some years lower. A couple years slightly higher.

    Now that I am now more familiar with the amount per month maximum I can make for SSDI guidelines. The total amount of 1099 work will not be over $1100 per month or $13,200.


    ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

    So if I was to be at the maximum amount of income for the year that I could earn I would be at :

    $40,800 all gross. (SSDI and 1099)


    $27,600 for SSDI.
    $13,200 for any additional income. In my case it would have to be 1099 work.

    ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

    Finally I am paying for my wife to go back to school for a certificate program out of my own pocket so she can have the correct schooling and be able to help further her own finical Independence and possible jobs.

    She is her 1st semester of 2 semesters she needs to complete. She has (8) weeks of clinicals to do before she is certified in the medical field she hopes to get a job into.


    ~~~~~~~~~~~~~~~~~~~~~~~~~~


    So my questions:

    I have been told by a lot of people even though my wife has cheated on my multiple times, and I have proof of that, that doesn't have any or little to any baring to Alimony or maintenance.

    What are the chances I will have to pay Alimony?

    How much if you had to estimate if I had to pay would it be?

    How long would I have to pay it for?

    ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

    Given most of my income is SSDI and has been for the last 5 years (5 out of 12 years married)

    is any of my SSDI protected at all from Alimony payments?

    I was told by SSDI office, even if I agreed to payments of any kind. That federally my "Benefits could not be transferred to anyone else)

    I ask because of course they are not a lawyer, and that is huge portion of my income that I rely on to pay for everything, including my minor child.

    ~~~~~~~~~~~~~~~~~~~~~~~~~~


    Since my 1099 work is never a guarantee, and some months have made zero dollars, how would that factor into any alimony payments?

    ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

    Based on my SSDI status am I eligible for any discounts or free legal aid? If so where can I find that in IL. I live 30 minutes from Chicago.


    ~~~~~~~~~~~~

    Sorry for all the information and questions, but I would ask if I didn't need assistance!

    Thank you!
     
  2. army judge

    army judge Super Moderator

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    Alimony in Illinois as explained by a lawyer:

    Illinois Alimony FAQs

    The Law On Maintenance (a/k/a Alimony) Is Changing in Illinois: How It Will Be Calculated and What the Changes Mean For You — DuPage County Divorce Lawyer Blog — August 27, 2014



    Alimony calculator:

    2016 Illinois Divorce Maintenance Calculator



    Determining Alimony in Illinois



    You don't need to waste your time asking strangers this stuff, mate.

    You can Google, Bing, Yahoo, or use any search engine to get answers.

    You don't need to study to interview a lawyer.
    You usually can get a FREE 1st visit of 20-30 minutes to meet the lawyer, BRIEFLY state your issue, and ask a dozen or so questions.

    Heck, if you and your spouse agree, you can often do the divorce for a hundred, maybe a couple hundred bucks and complete your forms using hundreds of online sites.

    This is very important stuff.

    Don't risk it by taking as gospel what strangers tell you from hundreds, if not thousands of miles removed from you.
     
  3. zddoodah

    zddoodah Well-Known Member

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    tldr. I went straight to the questions.

    Are any of these people family law attorneys practicing in Illinois?

    43.687%

    You're not going to get reliable answers to questions like this from an internet message board. I'd suggest googling things like "illinois alimony factors" and "illinois alimony calculator" and then d some reading. Better yet, consult with a local family law attorney.
     
  4. Vincent

    Vincent Law Topic Starter Member

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    Hello,

    Thank you both for your replys.

    Both a big help.

    Much appreciated.

    My main question with all the information I provided is how would my SSDI income and lack of stable (not guaranteed 1099 income) come in factor if I had to pay Almony?

    Will my income be treated any different to the calculations of amount having to pay based on the fact I'm on Disability, have been for 5 years, and don't have any improvement on my condition. I just went through my 5 year medical review with Social Security. The have still dememed still disabled.

    If I have custody of my child when the divorce is final, will she have to pay me child support?

    Or would a judge deduct would child support she would have to pay from the Almony I would be paying her?

    Thanks!
     
  5. army judge

    army judge Super Moderator

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    That is something for you to ask of the Social Security Agency.

    There are limits to the amount of money you can earn on disability BEFORE you reach your designated retirement age. Why? The government tries to rehabilitate people such that one day they no longer need disability income.

    Which is why you need to work with a CPA, social security, or a financial adviser.






    Each person's situation is distinctly unique, so there is no one anser that fits all people.

    As you're learning, SS hawks your every move.

    The more you earn, the less they provide.

    You really need to get advice on 1099 work, even if its sedentary, and not physical work.





    Hard to say as that depends on many things.
    Plus, in some situations SS could penalize you, if that happened.
    Again, you need to speak with a licensed attorney in your state for the type of guidance you're seeking.
    Your questions are far too specific for general type answers, which is all we can legally offer.





    Its doubtful if child support will be required either way, unless your income is way below the poverty level.

    Why?

    The supplement received for the child would probably exceed what one would be required to pay for child support on lower level, or sporadic wages.

    That said, this is why you need to speak with an attorney, if your situation is complex.
     

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