How to best set this up

[illinois]

What is the name of your state (only U.S. law)? IL

Wife and I both work separate jobs. We both make about $60,000 each. Getting a divorce. There is one child. I'm going to increase to $340,000 in 6 months (have contract and very close to signing). She would like to get one lawyer and divide everything equally, joint custody, child will spend equal time with both of us.

2 questions
1. How will my salary change the numbers?
2. If I found out she was cheating(later or even after the divorce), can I sue the guy she was with (kind of proof needed, etc.)? For example, she tells me she did.

 

[Proserpina]

What is the name of your state (only U.S. law)? IL

Wife and I both work separate jobs. We both make about $60,000 each. Getting a divorce. There is one child. I'm going to increase to $340,000 in 6 months (have contract and very close to signing). She would like to get one lawyer and divide everything equally, joint custody, child will spend equal time with both of us.

2 questions
1. How will my salary change the numbers?
2. If I found out she was cheating(later or even after the divorce), can I sue the guy she was with (kind of proof needed, etc.)? For example, she tells me she did.

No, you can't sue the guy (you're looking at something akin to "alienation of affection", right?).

You need to sue your wife for divorce.

 

[illinois]

yes, alienation of affection. It wont work?

thx for the quick reply

 

[Proserpina]

yes, alienation of affection. It wont work?

thx for the quick reply

While IL does still apparently have such a statute, it is so very rarely prosecuted that the practical result would be that you would spend an awful lot of money and gain nothing in return.


So, perhaps the question is - what do you hope to accomplish?

 

[illinois]

well, I think the guy has a family. Don't these things usually get settled out of court (fear of his family finding out, etc.)?

 

[Proserpina]

well, I think the guy has a family. Don't these things usually get settled out of court (fear of his family finding out, etc.)?

But what does this have to do with YOUR family law issue?

What are you wanting to gain?

 

[cyjeff]

well, I think the guy has a family. Don't these things usually get settled out of court (fear of his family finding out, etc.)?

That can be considered extortion. Be very careful.

 

[illinois]

little revenge i guess

 

[Proserpina]

little revenge i guess

Don't go there.

Just don't.

If she's cheating on you, just divorce her.

It really IS that simple.

 

[cyjeff]

little revenge i guess

Revenge really doesn't accomplish very much... and you will have to interact with this woman for the next decade or so.

 

[illinois]

any ideal how the numbers will change with my salary change (in original post)

 

[Proserpina]

any ideal how the numbers will change with my salary change (in original post)

How long have you been married? (this may effect spousal support)

(CS in Illinois is calculated by percentage; more info here: http://www.ilchildsupport.com/calculating.html )

 

[illinois]

married 5 yrs

 

[cyjeff]

It also will substantially effect child support.

 

[illinois]

IL website says "non-custodial parent" pays 20 %. I have no ideal how this applies if you have joint custody.

What does that mean?