How commonly does spousal support occur?

What is the name of your state? Illinois

A friend in IL wants to get divorced. There are two children and marriage is 17 yrs. Child support currently being paid for child of prior marriage. Both spouses make almost the same in salary. Wondering on the odds of spousal support in IL. Friend currently pays way beyond what the state standard of child support would be if ordered and spouse wants even more than that. Looks like they may not be able to agree for an uncontested divorce, so trying to get info in case goes contested.

Sal

Spousal support (commonly refered to as Alimony) is used to make one partner 'whole' again. In this case, both partners are on somewhat equal footing. And since your 'friend' is paying child support, unless there is something you're not telling us, I doubt seriously if the offended party can claim conditions that would tip the scales towards alimony payments.

Unless there is a court order in place, tell your friend to negotiate. He will make only minimum child support payments based on 1/2 of the state guidelines if she wants to continue this game, AND he will file for full custody and support from her.

Galsal said:

What is the name of your state? Illinois

A friend in IL wants to get divorced. There are two children and marriage is 17 yrs. Child support currently being paid for child of prior marriage. Both spouses make almost the same in salary. Wondering on the odds of spousal support in IL. Friend currently pays way beyond what the state standard of child support would be if ordered and spouse wants even more than that. Looks like they may not be able to agree for an uncontested divorce, so trying to get info in case goes contested.

Sal

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Has an official child support calculation been done to determine what the state guideline figure would be? How high of an income does your "friend" have? In general, if it goes in front of a judge the judge is going to order whatever the guidelines say should be ordered. However if your friend has a very high income...one that tops out the calculation...then a judge might use his/her own discretion.

Since he has been married for 17 years I assume that he is almost done paying child support for the child of the previous marriage...so that probably won't be considered as a factor by the judge.

Thanks

I happen to be the former wife. True, our child is almost 18 but will go to college and that is being adjusted in court.

Both parties make about 40k each. IL child support guidelines call for 25% for two children and figured AFTER previous court orders.

Yes, he would file for custody as well as use the written evidence of adultery (paternity testing for pregnancy he never knew of that wasn't his) for grounds that he found in the house. No, won't factor for custody at all.

Sal

Galsal said:

I happen to be the former wife. True, our child is almost 18 but will go to college and that is being adjusted in court.

Both parties make about 40k each. IL child support guidelines call for 25% for two children and figured AFTER previous court orders.

Yes, he would file for custody as well as use the written evidence of adultery (paternity testing for pregnancy he never knew of that wasn't his) for grounds that he found in the house. No, won't factor for custody at all.

Sal

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If you already have a court order and it does not address spousal support, you can forget receiving it now. The time to have addressed that issue was in the original proceeding.

Not right

I'm not sure how you came up with the idea that it's me as the former wife looking for spousal support. It is the wife he is divorcing now.

Galsal said:

I'm not sure how you came up with the idea that it's me as the former wife looking for spousal support. It is the wife he is divorcing now.

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Because first you start talking about a "friend" and now you're talking about YOUR situation. So, which is it?

If the parties make the same amount of money (or close) and there is no other disparity in style of living or the quality of life, then spousal support won't be an issue.

So, next time either talk about your "FRIEND" or yourself. Don't mix the two.

Just because I said "friend" and then that I am former spouse shouldn't be cause to assume. He is a friend and I am the former spouse. Nothing hidden and no ulterior motives.

Thanks though, got the information.