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When To File.. 2017 or 2018

Discussion in 'Alimony & Spousal Support' started by Vincent, Dec 8, 2017.

  1. Vincent

    Vincent Law Topic Starter Member

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    I am going to file for divorce in IL.

    Been married 12 years now.

    Both of us live in IL.

    She has already moved out.

    We have one child that lives with me.

    My question is either in my state or in general is there any advantage of filing for Divorce in 2017 before it ends or wait until 2018 in regards to Alimony?

    I seen some where there where new guidelines coming out for 2018.

    In reguads to determing my income to place in the calculator that is used to give out the amount per month I will have to pay, is is based in my last 2 years if earnings, 3 years ect.

    My primary source of Income for the last 5 years has been SSDI.

    I have some other 1099 I.T. work that I do, but that amount changes all the time time.

    So questions would is there an any advantage for me to wait on filling for divorce?

    And based on my income and sources of it, how would my average income that will used to mutiple by the years been married be figured out?

    She has worked this past year and is working now.

  2. Highwayman

    Highwayman Well-Known Member

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    This is too important of an issue to be dealt with by a bunch of strangers on the Internet who are probably not familiar with the ins and outs of Illinois laws relating to divorces.

    You need to consult with a local attorney who should have all the up-to-date and correct legal information.
  3. zddoodah

    zddoodah Well-Known Member

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    I can't imagine it would matter, but this is a question for a local divorce attorney.

    Well...ok...without a citation or reference to what you read, this statement is all but meaningless.

    It's not possible to answer this question intelligently based only on the minimal information in your post. One would need to thoroughly review your income records.

    By the way, why do you assume that you'll have to pay alimony to your wife. Based on what you posted, she might be ordered to pay alimony to you or the court might not order alimony. Moreover, if your child continues to reside with you, she'll have to pay you child support.
  4. mightymoose

    mightymoose Moderator

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    When you file probably doesn't matter much. More important (if there are changes coming) would be when the order is made.
    It sounds like that could be months away.
    I agree you will need someone local to determine what is best in your specific circumstances

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